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Convened  in  the  City  of  Nashville  on  Monday  Me  \9th  day  of  May, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  thirty- 
four,  in  pursuance  of  an  act  of  the  General  Assembly  of  said  State, 
entitled  ^An  Act  to  provide  for  the  calling  of  a  Convention."  Pass- 
ed the  21th  day  of  November,  1833. 


MONDAY,  MAY  19,  1834. 

The  following  named  members  appeared,  produced  their  credentials 
and  took  their  seats:  — 

From  the  District  composed  of  the   county  of  Carter  —  WILLIAM 
B.  CARTER. 

Washington  —  MATTHEW  STEPHENSON. 

Sullivan  —  ABRAM  M'CLELLAN, 

Greene  —  ROBERT  J.  M'KINNEY. 

Hawkins  —  JOHN  A.  M'KINNEY.. 

Jefferson,  Grainger,  Claibome  and  Campbett  —  GALLOWAY  HODGES, 
RICHARD  BRADSHAW  AND  GRAY  GARRETT. 

Cocke  and  Seiner  —  WM.  C.  ROADMAN:. 

Knox  —  JOSEPH  A.  MABRY. 

Blount  —  JAMES  GILLESPY. 

Monroe  —  BRADLEY   KIMBROUGH. 

M'Minn  —  JOHN  NEAL. 

Roane—  JAMES  I.   GREENE, 

Anderson  and  Morgan  —  JOHN  WHITSOX. 
heaand  Hamilton  —  WILLIAM  T.  SENTER. 

BUdsoe  and  Marion  —  JOHN  KELLY. 

Washington,  Green,  Sevier,  Cocke,  Blount,  Monroe  and  M'Minn  — 
JOHN  M'GAUGHEY. 

Overtoil  and  Fentress  —  HUGH  C,  ARMSTRONG. 

Jackson  —  JAMES  W.  SMITH. 

While  —  RICHARD  NELSON. 

Warren  —  ISAAC  HILL. 

Franklin  —  GEORGE  W.  RICHARDSON. 
Warren  and  Franklin  —  WILLIAM  C.  SMARTT. 


M65906 


J.  WHITE,  ROBERT  ALLEN  AND  ISAAC 
WALTON-.' 


£>OU(£LASg  AND  ROBERT  M.  BuRTON. 
'EDBETTER  AND  HENRY  RlDLEY. 

Bedford  —  JOSEPH  KINCAID  AND  JONATHAN  WEBSTER. 
^  Lincoln  and  Giles  —  JAMES  FULTON,  A.  A.  KINCANNON  AND   THOS. 
C.  PORTER. 

Davidson  —  FRANCIS  B.  FOGG  AND  ROBERT  WEAKLEY. 

Williamson  —  NEWTON  CANNON  AND  WM.  G.  CHILDRESS, 

Maury  —  TERRY  IL  CAHAL  AND  ROBERT  L.  COBBS. 

Robertson  —  RICHARD  CHEATHAM. 

Montgomery  —  WILLIE  BLOUNT. 

Dickson,  Stewart  and  Humphreys  —  JAMES  GRAY  AND  JOHN  MONT- 
GOMERY. 

Hickman,  Wayne  and  Lawrence  —  BOLING  GORDON  AND  HENRY 
SHARP. 

Henry—  PETER  KENDALL. 

Carroll  —  ENNIS  URY. 

Henderson  —  JOHN  PSJRDY. 

Perry,  Hardin  and  M'Nairy  —  JAMES  SCOTT  AND  MACLIN  CROSS. 

Madison  —  ADAM  HUNTSMAN. 

Har  demon  —  JULIUS  C.  N.  ROBERTSON. 

Fayette  —  WEST  HUMPHREYS. 

Shelby  —  ADAM  R.  ALEXANDER. 

Gibson  and  Dyer  —  NELSON  J.  HESS. 

Weakley  and  Obion  —  G.  W.  L.  MARR. 

Haywood  and  Tiplon  —  WILLIAM  H.  LOTING. 

The  whole  number  of  Delegates  being  present,  on  motion  of  Mr. 
ROADMAN,  MR  BLOUNT  was  conducted  to  the  Chair.  The  Conven- 
tion then  proceeded  to  the  choice  of  a  President  to  preside  over  its 
deliberations;  when,  on  collecting  and  counting  the  votes,  on  the  se- 
venth balloting  it  appeared  from  the  report  of  the  Tellers  that  WILLIAM 
B.  CARTER,  the  Delegate  from  the  county  of  Carter,  was  duly  elected; 
whereupon,  Mr  Carter  was  conducted  to  the  Chair,  and  made  his  ac- 
knowledgements to  the  Convention  in  the  following  words,  to  wit:  — 
Gentlemen  of  the  Convention: 

It  is  with  the  deepest  feelings  of  gratitude,  that  I  rise  to  express  my 
thanks  to  this  honorable  body,  for  the  high  and  distinguished  honor  just 
conferred  upon  me  —  an  honor  that  was  wholly  unexpected  and  unsoli- 
cited by  me,  but  the  more  to  be  appreciated  on  that  account.  The  only 
way  I  can  ever  repay  such  an  act  of  kindness,  is  to  exert  whatever 
talent  God  and  nature  have  endowed  me  with,  in  promoting  that  har- 
mony, good  feeling  and  social  intercourse  in  the  body  over  which  I 
have  been  called  to  preside,  which  is  so  essential  to  the  discharge  of 
those  high  and  importnat  duties,  which  the  people  of  the  State,  in 
their  highest  sovereign  capacity,  have  conferred  upon  us,  for  the  pur- 
pose of  altering,  changing  or  amending  the  fundamental  principles  by 


which  they  are  governed.  In  discharging  the  important  duties  which 
must  necessarily  devolve  upon  me,  as  the  presiding  officer  of  this  hon- 
orable body,  I  shall  greatly  rely  upon  the  kindness  and  indulgence  of 
the  members  of  this  Assembly,  to  supply  the  deficiencies  which  I  may 
possess  in  relation  to  a  thorough  acquaintance  with  the  procedure 
which  prevails  in  all  deliberate  political  bodies.  The  great  principle 
which  should  actuate  each  individual  in  this  Convention,  is,  to  touch 
the  Constitution  with  a  cautious  and  circumspect  hand,  and  to  deface 
that  instrument,  formed  with  so  much  wisdom  and  foresight  by  our  an- 
cestors as  little  as  possible  ;  and  should  there  be  in  that  sacred  char- 
ter of  liberty,  some  articles  or  features  of  doubtful  policy,  prudence 
requires  that  we  should  better  let  it  remain  than  to  launch  it  into  a 
.sea  of  uncertainty,  when  we  cannot  perhaps  better  its  condition.  That 
mutual  concession  and  a  spirit  of  compromise,  are  indispensible  to  a 
successful  termination  of  our  labors,  I  have  no  doubt  ;  such  feelings 
should  be  cherished  by  every  member  of  this  Convention  ;  and  when 
we  have  performed  the  duties  and  work  assigned  us  by  our  constitu- 
ents, we  can  depart  to  our  homes  and  our  families  with  the  pleasing  re- 
flection, that  we  have  faithfully  and  honestly  discharged  our  duties, 
with  an  eye  single  to  the  best  interests  and  happiness  of  our  beloved 
country,  and  that  society  and  posterity  will  be  shielded  and  protected 
by  a  constitution  which  guaranties  to  us  and  them  civil  and  religi- 
ous liberties,  as  well  as  our  personal  and  political  rights,  in  the  true 
sense  that  freemen  understand  and  appreciate  them. 

MR.  BURTON  moved  that  the  proceedings  of  the  Convention  be 
opened  by  prayer  to  Almighty  God,  and  that  the  Rev.  MR.  SMITH 
of  the  Cumberland  Presbyterian  Church  in  Nashville,  be  invited  to  of- 
ficiate on  the  occasion.  Ms.  GORDON  moved  that  all  other  clergymen 
present  be  invited  to  seats  within  the  Bar  of  the  House.  Both  of 
which  motions  prevailing,  the  Rev.  JAMES  C.  SMITH  pronounced  a 
solemn  and  appropriate  prayer. 

MR.  M'GAUGHEY  submitted  the  following,  which  was  adopted  unan- 
imously— 

Resolved,  That  the  rules  adopted  for  the  government  of  the  House 
of  Representatives  of  the  20th  General  Assembly  of  this  State  be 
deemed  and  taken  as  the  Rules  of  Government  for  this  Convention,  so 
far  as  they  are  applicable,  until  otherwise  ordered. 

The  Convention  then  proceeded  by  ballot  to  the  election  of  a  Secre- 
tary, and  upon  collecting  and  counting  the  votes  upon  the  first  ballot- 
ing, it  appeared  from  the  report  of  the  Tellers  that  WILLIAM  K.  HILL 
was  duly  elected — who  thereupon  took  his  seat  at  the  Clerk's  table. 

MR.  BURTON  then  moved  that  the  Convention  now  proceed  to  the 
election  of  an  Assistant  Secretary,  and  the  question  thereupon  being 
had,  it  was  determined  in  the  affirmative — Ayes  51 — Nots  9.  The 
ayes  and  noes  being  demanded,  the  affirmative  voters  were 

Messrs.  President,  Allen,  Armstrong,  Alexander,  Bradshaw,  Bur- 
ton, Blount,  Cannon,  Cahal,  Cobbs,  Cheatham,  Douglass,  Fulton, 
Fogg,  Garrett,  Gillespy,  Greene,  Gray,  Gordon,  Hodges,  Hill,  Hess, 


6 

Kelly,  Kincannon,  Kimbrough,  Ledbetter,  Loving,  M'Clellan,  Ro- 
bert J.M'Kinney,  John  A.M'Kinney,  M'Gaughey,  Montgomery,  Marr, 
Neal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robert- 
son, Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson^ 
Walton  and  White— 51. 

The  negative  voters  were 

Messrs.  Childress,  Cross,  Huntsman,  Humphreys,  Kincaid,  Keis* 
dall,  Mabry,  Webster  and  Weakley— 9, 

And  so  said  motion  prevailed;  whereupon  the  Convention  proceed- 
ed by  ballot  to  the  election  of  an  Assistant  Secretary,  and  upon  col- 
lecting and  counting  the  votes  upon  the  20th  balloting,  it  appeared  that 
WSLLIAM  I.  I.  MORROW  was  duly  elected — who  thereupon  took  his 
seat  at  the  Clerk's  table. 

And  the  Convention  adjourned  until  to-morrow,  9  o'clock,  A,  M« 

TUESDAY,  MAY  2O^  1834. 

The  Convention  met  according  to  adjournment. 

MR  STEPHENSON  submitted  the  following  : 

Resolved,  That  the  Secretary  contract  for  sueh  articles  of  station- 
ery, as  may  be  necessary  for  the  use  of  this  Convention  during  its 
Session. 

MR.  SMITH  submitted  the  following,  as  an  amendment  thereto,  in 
lieu  of  the  whole  from  the  word  "Resolved,"  "Thatt-he  Secretary  con- 
tract for  such  stationery  as  may  be  necessary  for  the  use  of  the  Con- 
vention, during  its-  session,  with  a  view  to  the  saving  the  public  ex- 
penditure, and  when  procured  it  be  under  his  care  and  responsibility." 

On  motion  of  Mr  Cannon,  (he  foregoing  resolution  together  with 
the  amendment  thereto,  were  ordered  to  the  table. 

The  Convention  then  proceeded  to  the  election  of  a  Door  Keeper, 
and  upon  collecting  and  counting  the  ballots,  upon  the  6th  balloting  it 
appeared  from  the  report  of  the  Tellers  that  James  M'Dowell  was  duly 
elected,  who  was  thereupon  ordered  to  give  his  attendance  according- 
ly. The  Convention  next  proceeded  to  the  election  of  an  Assistant 
Door  Keeper,  and  upon  collecting  and  counting  the  rotes  upon  the  9th 
balloting,  it  appeared  that  Alfred  C.  Robertson  was  duly  elected,  who 
was  thereupon  ordered  to  give  his  attendance  accordingly. 

MR.  DOUGLASS  submitted  the  following  : 

Resolved,  That  the  Editors  of  the  several  newspapers  published  in 
this  state,  be  permitted  to  take  seats  within  the  bar  of  this  House,  for 
the  purpose  of  taking  notes  and  reporting  the  proceedings  of  this  Con- 
vention. 

MR.  BL.OUNT,  the  following: 

Resolved,  That  this  Con  vent  ion  be  opened  daily  by  pi-ay  er,  under 
such  arrangements  as  may  be  entered  into  by  ministers  of  the  different 
denominations  themselves,  as  to  the  routine  of  daily  prayer,  without 
bias  of,  or  towards  any  particular  sect  or  exclusion  of  any  order,  in 
said  routine, provided  it  may  be  acceptable  to  the  clergy  who  are  or  may 


be  at  Nashville  during  the  Session  of  the  Convention,  to  enter  into 
such  arrangement :  And  that  a  copy  of  this  resolution  be  oy  me  Se- 
cretary addressed  to  the  clergy  resident  in  this  city — .both  of  which 
were  severally  read  and  adopted. 

Mr.  ALLEN  submitted  the  following: 

Resolved,  That  a  committee  of  thirteen,  one  from  each  Congress- 
ional District,  be  appointed  to  inquire  into  and  report  what  method  will 
be  most  expedient  to  bring  before  the  House  such  amendments  as  may 
be  proposed  to  the  Constitution. 

And  Mr.  BURTON,  the  following: 

1st.  Resolved,  That  a  committee  of  be  appointed  to  prepare 

and  report  what  amendments,  if  any,  are  necessary  to  be  made  to  the 
Bill  of  Rights,  appended  to  the  existing  Constitution  of  the  State  of 
Tennessee. 

3d.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  the  Judicial  Department  of  the  government,  as  establish- 
ed by  the  present  Constitution  of  this  State,  and  that  they  report  to 
this  Convention  such  amendments  thereto  as  may  seem  to  them  ne- 
cessary to  be  made. 

3d.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  the  Legislative  Department  as  fixed  in  the  existing  Con- 
stitution, and  that  they  report  such  alterations  and  amendments  as  may 
appear  expedient. 

4th.  Resolved,  That  a  committee  of  be  appointed  to  prepare 

and  report  such  alterations  and  amendments,  as  they  may  deem  neces- 
sary and  proper,  to  the  Executive  Department  of  the  government. 

5th.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  the  proper  basis  of  Representation,  and  the  proper  mode 
and  manner  of  apportioning  the  same  among  the  several  counties,  and 
that  they  report  thereon  to  this  Convention. 

6th.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  so  much  of  the  Constitution  as  relates  to  the  right  of 
suffrage,  and  qualifications  of  persons  to  be  elected  to  office,  and  to  re- 
port what  alterations  or  amendments  are  necessary  to  be  made  therein. 

7th.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  all  such  parts  of  the  Constitution  as  relate  to  the  Militia 
Soldiery  of  the  State,  and  that  they  report  such  alterations  and  amend- 
ments as  to  them  may  seem  proper  to  be  made. 

8th.  Resolved,  That  a  committee  of  be  appointed  to  take  into 

consideration  all  such  parts  of  the  Constitution  as  are  not  referred  bv 
any  of  the  foregoing  resolutions,  and  that  they  report  to  the  Conven- 
tion such  amendments  thereto  as  may  seem  expedient. 

Said  resolutions  were  severally  read  and  ordered  to  the  table. 

Mr.  GREENE  submitted  the  following: 

Resolved,  That  the  following  oath  be  administered  to  the  Secretary 
and  Assistant: 

"You  solemnly  swear  that  you  will  faithfully  and  diligently  perform 
the  duties  of  the  office  to  which  you  have  been  elected  in  this  Con- 


8 

vention,   to  the  best  of  your  skill   and  ability.     So  help  you  God." 

Mr.  ALLEN  offered  the  following  in  lieu  of  the  foregoing: 

After  the  words  "that  you  will,"  add —  "discharge  the  duties  apper- 
taining to  the  office  of  Secretary  to  the  Convention  faithfully  and  im- 
partially, according  to  the  best  of  your  skill  and  ability." 

Said  amendment  being  received,  the  question  was  thereupon  had — 
Will  the  Convention  adopt  the  resolution? — and  determined  in  the  af- 
firmative— Ayes  41 — Noes  19. 

The  yeas  and  nays  being  demanded,  those  who  voted  in  the  affirma- 
tive are 

Messrs.  President,  Allen,  Alexander,  Burton,  Blount,  Cannon, 
Cobbs,  Fulton,  Fogg,  Garrett,  Greene,  Gray,  Gordon,  Hodges,  Hill, 
Kelly,  Kincannon,  Kincaid,  Kimb rough,  Ledbetter,  Loving, M'Clellaa, 
Robert  J.  M'Kinney,  John  A.  McKinney,  Mabry,  M'Gaughey,  Neal, 
Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson, 
Stephenson,  Senter,  Smartt,  Sharp,  Whitson,  White  and  VVebster — 41. 

Those  who  voted  in  the  negative  are 

Messrs.  Armstrong,  Bradshaw,  Childress,  Cahal,  Cheatham,  Cross,, 
Douglass,  Gillespy,  Huntsman,  Humphreys,  Hess,  Kendall,  Montgom- 
ery, Marr,  Smith,  Scott,  Ury,  Walton  and  Weakley— 19. 

So  said  resolution  was  adopted. 

Whereupon  the  oath  prescribed  was  administered  to  the  Secretary 
and  Assistant  Secretary  by  Robert  Weakley,  an  acting  Justice  of  the 
Peace  in  and  for  the  county  of  Davidson. 

MR.  NELSON  submitted  the  following: 

Resolved,  That  a  committee  be  appointed  to  inquire  into  the  form 
and  nature  of  the  oath  to  betaken  by  the  members  of  this  Convention, 
and  that  said  committee  report  thereon  as  early  as  practicable. 

MR.  GREENE  offered  the  following  as  an  amendment  thereto  in  lieu 
of  so  much  thereof  as  occurs  after  the  words  "inquire  into,"  to  wit  : 
"the  expediency  and  propriety  of  the  members  of  this  Convention 
taking  an  oath,  and  if  it  should  seem  proper  that  one  should  be  adminis- 
tered, that  they  report  the  form  and  nature  of  that  oath." 

And  the  sense  of  the  Convention  being  thereupon  had,  said  amend- 
ment was  received. 

Whereupon  the  question  was  submitted — 

"Will  the  Convention  adopt  the  resolution?"  and  determined  in  the 
negative — Ayes  25 — Noes  35. 

The  ayes  and  noes  being  demanded,  the  affirmative  voters  are 

Messrs.  President,  Allen,  Burton,  Cobbs,  Cheatham,  Fogg,  Greene, 
Gray,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  M'Clellan,  Robert  J. 
M'Kinney,  M'Gaughey,  Neal,  Nelson,  Richardson,  Ridley,  Robert- 
son, Senter,  Smartt,  Scott,  Whitson  and  Wesbster— 25. 

The  negative  voters  are 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Blount,  Cannon,  Child- 
ress, Cahal,  Cross,  Douglass,  Fulton,  Garrett,  Gillespy,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kendall,  Ledbetter,  Lov- 
ing, John  A.  M'Kinney,  Mabry,  Montgomery,  Marr,  Porter,  Purdy, 


9 


Roadman,  Stephenson,  Smith,  Sharp,  Dry,  Walton,  White  and  Weak- 
ley— 35. 

And  so  the  Resolution  was  rejected. 

MR.  CAUAL  submitted  the  following: 

Resolved,  That  the  several  newspapers  published  in  the  city  of 
Nashville  be  furnished  the  members  of  this  Convention  during  its 
session. 

And  MR.  HUNTSMAN,  the  following: 

1st.  Resolved,  That  a  committee  of  thirteen  members,  one  from 
each  congressional  district,  be  appointed  to  take  into  consideration  the 
Legislative  Department  of  the  government,  as  established  by  the  pres- 
ent Constitution,  and  to  report  to  this  Convention,  whether  any,  and  if 
any,  what  amendments  or  changes  are  necessary  thereto. 

2nd.  Resolved,  That  a  committee  of  thirteen  members,  one  from 
each  congressional  district,  be  appointed  to  take  into  consideration  the 
Executive  Department  of  the  government,  as  established  by  the  pres- 
ent Constitution,  and  to  report  to  this  Convention,  whether  any,  and 
if  any,  what  amendments  or  changes  are  necessary  thereto. 

3rd.  Resolved,  That  a  committee  of  thirteen  members,  one  from 
each  congressional  district,  be  appointed  to  take  into  consideration  the 
Judicial  Department  of  the  government,  as  established  by  the  present 
Constitution,  and  to  report  whether  any,  and  if  any,  what  amendments 
or  changes  are  necessary  thereto. 

4th.  Resolved,  That  a  committee  of  seven  be  appointed,  to  take  in- 
to consideration  such  parts  of  the  present  Constitution  as  cannot  appro- 
priately be  referred  to  the  Legislative,  Executive  or  Judicial  commit- 
tees, and  also,  such  additions  as  may  be  found  useful  to  the  present 
Constitution,  and  report  the  result  of  their  deliberations  to  this  Con- 
vention. 

5th.  Resolved,  That  no  original  resolution,which  proposes  an  amend- 
ment,change  or  addition  to  the  present  Constitution,  be  discussed  upon 
its  merits,  until  it  has  been  referred  to  the  proper  committee — provided 
nevertheless,  the  mover  of  said  resolution  shall  be  at  liberty  to  state 
succinctly  its  object  and  design. 

Said  resolutions  were  severally  read  and  ordered  to  the  table. 
MR.  HUNTSMAN,  submitted  the  following: 

Resolved,  That  a  committee  of  five  be  appointed,  to  draft  such  rules 
for  the  government  of  the  Convention,  as  will  best  facilitate  the  de- 
spatch of  public  business,  and  that  they  report  thereon  as  early  as  prac- 
ticable. And  the  rule,  requiring  resolutions  to  lie  one  day  on  the 
table,  being  suspended  on  motion  of  Mr  Huntsman,  said  resolution  was 
adopted. 

The  President  appointed  Messrs  Huntsman,  Cannon,  John  A.  Mc- 
Kinney,  Stephenson,  and  Kincaid,  the  said  Committee. 
MR.   HUNTSMAN  also  submitted  the  following: 
Resolved,  That  a  committee  on  Privileges  and  Elections,  consisting 
of  five  members,   be  appointed  to  take  into  consideration  all  matters 


10 

and  things  appertaining  to  those  subjects  ; — and  the  rule   being  sus 
pended,  said  resolution  was  adopted. 

The  President  appointed  Messrs.  Huntsman,  Burton,  Mabry,  Ro- 
bert J.  M'Kinney  and  Nelson  said  committee. 

MR.  STEPHENSON'S  resolution  requiring  the  Secretary  to  contract 
for  stationery,  &c.,  together  with  Mr.  Smith's  amendment  thereto, 
were  taken  up  and  severally  read. 

MR.  MABRY   offered  the  following  in  lieu  of  the  whole,    from  the 

word  Resolved,  That  a  committee  of  three  be  appointed  to  contract  for 

stationery  for  the  use  of  this  Convention,  and  also  to  contract  for  such 

job  printing  as  may  be  necessary  to  be  done  previous  to  the  election  of 

apublic  printer. 

In  lieu  of  all  which  Mr.  GREENE  submitted  the  following: 

Resolved,  That  this  Convention  will  go  into  the  election  of  a  Pub- 
lic Printer  to  their  body  on  to-morrow  evening  at  3  o'clock. 

On  motion  of  MR.  BLOUNT,  the  resolution ,  together  with  the  fore- 
going amendments,  were  ordered  to  the  table. 

MR.  HUNTSMAN,  submitted  the  following  ; 

Resolved,  That  the  Public  Printer,  when  elected,  furnish  this  Con- 
vention with  one  hundred  printed  copies  of  the  present  Constitution 
and  Declaration  of  Rights  thereto  appended. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  MAY  21,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer  by  the  Rev.  Mr  Gwin. 

Mr.  CANNON  submitted  the  following: 

Resolved,  That  in  order  to  facilitate  the  progress  and  deliberations 
of  this  Convention,  in  relation  to  the  important  objects  for  which  it  has 
been  called  by  the  good  people  of  the  State—  it  is  expedient  to  go 
into  Committee  of  the  Whole,  for  the  purpose  of  taking  up  the  present 
Constitution  and  Bill  of  Rights,  and  giving  them  the  most  thorough 
examination  in  detail,  and  for  the  purpose  of  expressing  our  opinions 
freely  and  fully  in  relation  to  their  different  parts  and  provisions;  sug- 
gesting also  such  amendments  and  alterations  as  may  be  deemed  ne- 
cessary to  be  made. 

Mr.  WHITE  submitted  the  following: 

Resolved,  That  the  2d  section  of  article  1st  of  the  existing  Con- 
stitution, ought  to  be  amended  so  that  an  enumeration  of  the  taxable 
inhabitants  shall  be  made  within  every  subsequent  term  of  six  years, 
instead  of  seven,  as  directed  by  said  section. 

That  that  clause  of  the  seventh  section  of  the  same  article,  which 
requires  a  person,  in  order  to  be  eligible  to  a  seat  in  the  General  As- 
sembly, to  possess  in  his  own  right  in  the  county  which  he  repre- 
sents, not  less  than  two  hundred  acres  of  land,  be  stricken  from  the 
instrument. 

That  the  20th  section  of  the  same  article,  which  directs  land  to  be 


11 

faxed  in  such  manner  that  no  one  hundred  acres  shall  be  taxed  higher 
than  another,  &c.,  be  stricken  out,  and  the  following  provision  be  sub- 
stituted in  its  place:  "All  lands  liable  to  taxation  in  this  State,  shall  be 
taxed  in  proportion  to  their  value;  that  value  to  be  ascertained  by  clas- 
sification, assessment  or  any  other  mode  that  the  Legislature  may,  from 
time  to  time,  think  proper  to  adopt." 

That  that  clause  of  the  3d  section  of  article  3d  which  requires  the 
Executive  to  possess  a  freehold  estate  of  five  hundred  acres  of  land, 
be  stricken  out  of  the  Constitution. 

That  the  9th  section  of  the  same  article,  which  authorizes  the  Gov- 
ernor upon  extraordinary  occasions  to  convene  the  General  Assem- 
bly, and  requires  him  to  state  to  them,  when  assembled,  the  object  for 
which  they  were  convened,  be  amended,  so  as  to  prevent  the  Gene- 
ral Assembly,  at  such  special  session,  from  legislating  upon  any  other 
subject  than  that  for  which  they  were  convened. 

That  the  following  power  be  given  to  the  Executive: — Every  bill 
which  shall  have  passed  both  houses  of  the  General  Assembly,  shall 
be  presented  to  the  Governor;  if  he  approve,  he  shall  sign  it;  but  if 
not,  he  shall  return  it,  with  his  objections,  to  the  House  in  which  it 
may  have  originated,  who  shall  enter  the  objections  at  large  upon  their 
Journals,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
a  majority  of  the  whole  number  elected  to  that  House,  shall  agree  to 
pass  the  bill,  it  shall  be  sent  with  the  objections  to  the  other  House, 
by  which  it  shall  likewise  be  reconsidered.  If  approved  by  a  ma- 
jority of  the  whole  number  elected  to  that  House,  it  shall  become  a 
law; — but  in  such  case  the  votes  of  both  Houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  members  voting  for  or  against 
the  bill  shall  be  entered  upon  the  Journals  of  each  House  respectively. 
If  any  bill  shall  not  be  returned  by  the  Governor  within  five  days 
(  Sundays  excepted )  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it;  unless  the 
General  Assembly,  by  their  adjournment,  prevent  its  return;  in  which 
case  it  shall  not  become  a  law. 

Every  order,  resolution  or  vote,  to  which  the  concurrence  of  both 
Houses  may  be  necessary,  (except  on  questions  of  adjournment)  shall 
be  presented  to  the  Governor,  and  before  it  shall  take  effect,  be  ap- 
proved by  him,  or  being  disapproved,  shall  be  repassed  by  a  majority 
of  all  the  members  elected  to  both  Houses,  according  to  the  rules  and 
limitations  prescribed  in  case  of  a  bill. 

That  the  3d  section  of  the  3d  article,  which  directs  all  elections  be  by 
ballot,  be  amended  as  follows: — In  all  elections  by  the  General  Assem- 
bly, the  members  thereof  shall  vote  viva  voce,  and  their  votes  shall  be 
entered  on  the  Journals.  All  other  elections  shall  be  by  ballot. 

That  the  1st  and  2d  sections  of  article  5th,  with  regard  to  the  Ju- 
dicial power,  be  stricken  out,  and  the  following  substituted  in  lieu 
thereof:  — The  Judicial  power  of  this  State  shall  be  vested  in  one  Su- 
preme Court,  and  in  such  inferior  Courts  as  the  General  Assembly  may 
from  time  to  time  ordain  and  establish.  The  Judges,  both  of  the  Su- 


preme  and  Inferior  Courts,  shall  hold  their  offices  during  good  behav- 
iour; but  not  beyond  the  age  of  sixty  years.  They  shall  be  elected  by 
the  joint  vote  of  both  Houses  of  the  General  Assembly. 

Judges  may  be  removed  from  office  by  a  concurrent  vote  of  both 
Houses  of  the  General  Assembly,  each  House  voting  separately;  but 
two  thirds  of  all  the  members  elected  to  each  House  must  concur  in 
such  vote.  The  vote  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  or  against  the  Judge,  shall  be  entered 
on  the  Journals  of  each  House  respectively. 

The  General  Assembly  shall,  by  joint  vote  of  both  Houses,  elect  an 
Attorney  or  Attorneys  for  the  State,  -who  shall  hold  their  offices  for 
the  term  of  four  years. 

That  the  10th  section  of  the  same  article,  which  directs  each  Court 
to  appoint  its  own  Clerk,  to  hold  his  office  during  good  behaviour, 
be  amended  as  follows: — Clerks  of  the  County  Court  shall  be  elected 
by  the  qualified  electors  in  each  County,  at  the  times  and  places  of 
holding  elections  for  members  of  the  General  Assembly  for  the  term 
of  four  years;  and  should  a  vacancy  occur  subsequent  to  an  election, 
it  shall  be  filled  by  the  County  Court,  and  the  person  so  appointed  shall 
hold  his  office  until  the  next  general  election.  Clerks  of  the  other 
Courts  shall  be  appointed  by  the  Courts  of  which  they  respectively 
are  Clerks,  for  the  term  of  four  years.  Clerks  may  be  removed  from 
office  for  such  cause  and  in  such  manner  as  may  be  prescribed  by  law. 

That  the  12th  section  of  the  same  article  be  amended,  so  that  Justices 
of  the  Peace  shall  be  elected,  by  the  qualified  electors  in  each  Cap- 
tain's Company,  for  the  term  of  four  years,  whoee  powers  and  duties 
shall,  from  time  to  time,  be  regulated  and  defined  by  law. 

That  the  following  be  substituted  for  the  1st  section  of  article  6th 
of  the  existing  Constitution: — There  shall  be  elected  in  each  County, 
by  the  qualified  electors  thereof,  one  Sheriff  and  one  Register,  at  the 
times  and  places  for  holding  elections  for  members  of  the  General  As- 
sembly. They  shall  continue  in  office  two  years,  and  until  successors 
shall  be  chosen  and  duly  qualified;  Provided,  that  no  person  shall 
be  eligible  to  the  office  of  Sheriff  more  than  fpur  years  in  any  term  of 
six  years.  Should  a  vacancy  occur  subsequent  to  an  election,  it  shall 
be  filled  by  the  County  Court,  and  the  person  so  appointed  shall  con- 
tinue in  office  until  the  next  general  election,  when  such  vacancy  shall 
be  filled  by  the  qualified  electors;  and  the  Sheriff  then  elected  shall  con- 
tinue in  office  for  two  years. 

A  competent  number  of  Constables  shall  be  electee}  in  each  County, 
by  the  qualified  electors  in  each  Captain's  Company,  who  shall  hold 
their  offices  for  two  years. 

There  shall  be  appointed  in  each  County,  by  the  County  Court,  one 
Coroner,  one  Trustee  and  one  Ranger,  who  shall  hold  their  offices  for 
two  years. 

That  the  3d  section  of  article  10th  be  stricken  out,  and  provision 
for  specific  amendments  inserted  to  the  following  effect:— 

Any  amendment  or  amendments  to  this  Constitution  may  be  propo- 


13 

sed  in  the  Senate  or  House  of  Representatives,  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  all  the  members  elected  to  each  of  the 
two  Houses,  such  proposed  amendment  or  amendments  shall  be  enter- 
ed on  the  Journals,  with  the  yeas  and  nays  taken  thereon,  and  refer- 
red to  the  General  Assembly  then  next  to  be  chosen;  and  shall  be  pub- 
lished for  six  months  previous  to  the  time  of  making  such  choice;  and 
if  in  the  General  Assembly  next  chosen  as  aforesaid,  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  two-thirds  of  all  the 
members  elected  to  each  House;  then  it  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  submit  such  proposed  amendment  or  amendments  to 
the  People,  in  such  manner  and  at  such  times  as  the  General  Assembly 
shall  prescribe;  and  if  the  People  shall  approve  and  ratify  such  amend- 
ment or  amendments,  by  a  majority  of  all  the  citizens  of  the  State  vot- 
ing for  Representatives  voting  in  their  favor,  such  amendment  or  a- 
mendments  shall  become  a  part  of  the  Constitution. 

Mr.  NELSON  submitted  the  following: 

Resolved,  That  a  Select  Committee  of  thirteen,  one  from  each  Con- 
gressional District,  be  appointed  to  take  into  consideration  the  provi- 
sion which  exists  in  the  present  Constitution  upon  the  subject  of  taxa- 
tion, and  inquire  if  any,  and,  if  any,  what  amendment  or  changes  are 
necessary. 

Mr.  BURTON  submitted  the  following: 

Resolved,  That  the  Secretary  of  State  furnish  to  each  Member  of 
this  Convention,  on  application,  such  books  as  he  may  have  in  his 
office  belonging  to  the  State;  and  the  rule  being  suspended,  said  reso- 
lution was  adopted. 

Mr.  STEPHENSON'S  resolution  requiring  the  Secretary  to  contract 
for  stationery,  was  taken  up  on  motion  of  Mr.  M'GAUGHEY,  together 
with  the  amendments  heretofore  offered,  all  of  which  being  read, 

Mr.  M'GAUGHEY  offered  the  following  in  lieu  of  the  whole,  except 
that  part  relating  to  stationery,  to  wit: — That  a  Committee  of  five  be 
appointed  to  contract  for  the  public  printing  of  this  Convention,  and 
that  the  said  Committee  be  instructed  to  contract  for  the  same,  upon  the 
best  and  cheapest  terms  which  they  may  be  enabled  to  make,  with  such 
printer  or  printers  as  may  be  disposed  to  undertake  the  same;  and  that 
said  contract  be  made  in  conformity  with  the  act  of  Assembly  passed 
on  the  21st  day  of  December,  1831,  on  the  subject  of  Public  Printing, 
but  upon  cheaper  terms  than  therein  pointed  out,  if  the  same  can  be  so 
made;  and  also  that  any  contract  made  shall  be  made  with  special  refer- 
ence to  the  cheap  and  speedy  execution  of  the  Public  Printing,  which 
may  be  required  to  be  done  on  behalf  of  this  Convention;  and  that  any 
contract  made  under  this  resolution,  shall  be  reported  to  the  Conven- 
tion for  their  ratification  or  rejection;  and  should  the  same  be  ratified, 
the  said  Printer  shall  thereupon  be  elected,  and  the  contract  shall  be 
obligatory. 

Mr.  CANNON  moved  a  division  of  the  question,  so  as  to  test  the  sense 
of  the  Convention  on  that  part  of  the  proposition  submitted  by  Mr. 
STEPUENSON,  requiring  the  Secretary  to  contract  for  Stationery,  which 


14 

prevailing,  Mr.  STEPHENSON  accepted  the  amendment  of  Mr.   SMITH, 
and  the  resolution  was  thereupon  read  as  amended  and  adopted. 

The  amendment  offered  on  yesterday  by  Mr.  GREENE,  was  then  de- 
termined to  be  the  original  resolution,  which  was  in  the  following 
words,  to-wit: 

Resolved,  That  the  Convention  go  into  the  election  of  a  Public  Prin- 
ter to  their  body  on  to-morrow  evening  at  three  o'clock,  and  that  said 
Printer  shall  not  receive  a  greater  compensation  than  was  allowed  to 
the  Printer  of  the  General  Assembly  at  the  session  of  1831 ,  for  similar 
services. 

Mr.  GiLLESPY  then  offered  the  following  in  lieu  of  the  foregoing, 
and  also  in  lieu  of  the  amendment  offered  by  Mr.  M'GAUGHEY,  to  wit: 

Resolved,  That  a  Committee  of  three  be  appointed  to  receive  propo- 
sals for  the  Job  Printing,  and  that  they  also  receive  proposals  for  print- 
ing the  Journals,  and  such  amendments  as  may  be  made  to  the  Con- 
stitution, and  report  on  each  case  separately  and  as  early  as  practica- 
ble: and  the  sense  of  the  Convention  being  thereupon  had,  said  amend- 
ment was  rejected. 

The  question  then  recurred  upon  the  amendment  offered  by  Mr. 
M'GAUGHEY,  and  the  question  thereon  being  had;  Will  the  Convention 
receive  said  amendment? — it  was  determined  in  the  negative.  Ayes  16 
— Noes  44.  The  ayes  and  noes  being  demanded  by  Mr.  M'GAUGHEY, 
the  affirmative  voters  are 

Messrs  Douglass,  Garrett,Gillespy,  Gray,  Kelly,  Kincaid,  Ledbetter, 
M'Gaughey,  Neal,  Nelson,  Roadman,  Ridley,  Stephenson,  Smartt, 
Ury,  and  Webster— 16. 

The  negative  voters  are 

Messrs  President,  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton, 
Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton, 
Fogg,  Greene,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess, 
Kincannon,  Kendall,  Kimbrough,  Loving,  M'Clellan,  Robert  J.  M'- 
Kinney,  John  A.  M'Kinney,  Mabry,  Montgomery,  Marr,  Porter,  Pur- 
dy,  Richardson,  Robertson,  Senter,  Smith,  Sharp,  Scott,  Whitson, 
Walton,  White  and  Weakley — 44. 

And  so  said  amendment  was  rejected. 

The  question  then  recurred  upon  the  adoption  of  the  original  reso- 
lution as  offered  by  Mr.  Greene,  and  the  sense  of  the  Convention  be- 
ing thereupon  had,  it  was  determined  in  the  affirmative. 

The  President  presented  the  memorial  of  Edward  Ward  of  Shelby 
county,  contesting  the  election  of  Adam  R.  Alexander  Esq.  the  dele- 
gate from  said  county;  which  was  received,  read  at  the  Clerk's  table, 
and  referred,  on  motion  of  Mr.  WHITE,  to  the  Committee  on  Privile- 
ges and  Elections. 

Mr.  FOGG  submitted  the  following: 

Resolved,  That   the    Secretary  of  State  be   requested  to  prepare 
and  communicate  to  this  Convention,  tabular  statements  of  the  free 
white ,free  coloured  and  slave  population  of  each  county  in  this  State 
according  to  the  census  of  1800,  1810,  1820  and  1830.     Also,  of  the 


15 

taxable  inhabitants,  according  to  the  census  taken  in  this  State  in  1805, 
1812,  1819,  1826  and  1833,  the  quantity  of  land  taxed  in  each  county 
in  1833 — of  the  amount  of  taxes  assessed  in  each  county — amount  of 
taxes  paid  into  the  public  Treasury  from  each  county,  from  1800  to 
1834 — amount  of  taxes  accruing  on  each  subject  of  taxation,  for  the 
same  period — and  an  estimate  of  the  free  white,  free  coloured  and 
slave  population  of  each  county,  in  the  year  1834;  and  also,  that  the 
Secretary  be  requested  to  communicate  such  other  information  in  re- 
gard to  the  statistics  of  this  State,  as  can  by  him  be  conveniently  pre- 
pared. And  the  rule  being  suspended  on  motion  of  Mr.  FOGG,  said 
resolution  was  adopted.  Ordered,  that  the  Secretary  of  this  Conven- 
tion, present  a  copy  of  the  foregoing  resolution  to  the  Secretary  of 
State. 

Mr.  CAHAL  submitted  the  following: 

Resolved,  That  the  elective  franchise  should  be  uniform,  so  that 
throughout  the  State,  similar  qualifications  should  confer  a  similar  right 
of  suffrage,  and  that  no  citizen  in  any  election,  shall  be  entitled  to  more 
than  one  vote. 

Resolved  further,  That  equal  numbers  of  qualified  voters,  through- 
out the  State,  are  entitled  to  equal  representation  in  both  branches  of 
the  General  Assembly. 

Mr.  ROADMAN,  the  following: 

Resolved,  That  the  Constitution  that  may  be  adopted  by  this  Con- 
vention, be  submitted  to  the  free  voters  of  this  State  for  their  approval 
or  condemnation. 

And  Mr.  J.  A.  M'KINNEY,  the  following: 

Resolved,  That  the  Secretary  of  State,  be  required  to  make  out  and 
communicate  to  this  Convention,  a  statement  of  the  number  of  persons, 
omitting  the  names  of  such  persons  who  have  been  appointed  to  civil 
offices  of  trust  and  emolument  by  the  Legislature  of  this  State,  from 
persons  who  were  elected  members  of  the  Legislature,  during  the 
period  for  which  such  persons  were  so  elected,  specifying  the  offices 
to  which  such  appointments  have  been  made — said  statement  to  include 
all  that  period  which  has  elapsed  since  the  adoption  of  the  present 
Constitution  of  this  State. 

Mr.  WEBSTER  submitted  the  following: 

Resolved,  That  a  Committee  on  Propositions  and  Grievances  be 
appointed,  to  consist  of  five  members,  whose  duty  it  shall  be  to  examine 
and  report  upon  all  petitions  and  memorials  of  that  nature,  which  may 
come  before  this  Convention.  And  the  rule  being  suspended,  on  mo- 
tion of  Mr.  WEBSTER  said  resolution  was  adopted. 

The  President  appointed  Messrs  Webster,  Roadman,  White,  Kendall 
and  Cahal  said  Committee. 

Mr.  ARMSTRONG  submitted  the  following  resolutions: 

Resolved,  That  the  most  expedient  method  of  bringing  before  the 
Convention  any  amendment  to  the  Constitution  which  may  be  pro- 
posed, will  be  to  take  up  the  existing  Constitution  of  the  State  of  Ten- 
nessee, with  the  Declaration  of  Rights,  and  regarding  them  for  the 


purpose  of  examination  and  discussion,  as  a  plan  proposed  and  referred 
to  a  committee  of  the  whole  Convention,  there  to  be  examined,  sec- 
tion by  section,  and  to  be  dealt  with,  by  reference  to  committees  ro 
otherwise,  as  this  Convention  may  direct. 

Resolved.,  That  it  be  a  standing  order  of  the  Convention,  that  the 
Convention  shall  every  day  resolve  itself  into  a  Committee  of  the  Whole 
to  consider  the  existing  Constitution  of  the  State,  and  such  proposi- 
tions for  amendment  or  alteration  thereof  as  shall  be  referred  to  or  made 
in  said  committee. 

And  Resolved,  That  the  Declaration  or  Bill  of  Rights  requires  no 
amendment  except  the  28th  Section,  which  should  read  as  follows — 
"That  every  citizen  of  this  State  subject  to  Military  duty  shall  be  com- 
pelled to  bear  arms  or  furnish  a  sufficient  substitute." 

On  motion  of  Mr.  J.  A.  M'Kinney,  ordered,  that  the  credentials  of 
the  members  of  this  Convention  be  referred  to  the  Committee  on  Pri- 
vileges and  Elections. 

Mr.  ARMSTRONG  submitted  the  following: 

Resolved,  That  this  Convention  will  elect  a  Sergeant  at  Arms  to- 
morrow at  12  o'clock. 

And  also  the  following: 

Resolved,  That  each  and  every  county  in  the  State  shall  elect  one 
Representative  to  the  General  Assembly,  and  no  more,  and  that  there 
shall  be  thirty  Senators,  elected  agreeably  to  the  free  population,  and 
no  county  shall  be  divided  in  forming  a  Senatorial  District,  and  when 
it  takes  more  than  one  county  to  form  a  district,  they  shall  adjoin  each 
other. 

MR.  ROBERTSON  submitted  the  following: 

Resolved,  That  in  all  elections  to  be  made  by  this  Convention,  each 
member  be  required  to  vote  viva  voce. 

Resolved,  That  in  all  elections  to  be  made  by  the  Legislature,  each 
member  shall  be  required  to  vote  viva  voce. 

MR.  SMITH  presented  the  memorial  of  sundry  citizens  of  Jackson 
county,  which  was  read  at  the  Clerk's  table,  and  on  motion  of  Mr. 
Smith,  was  referred  to  the  Committee  on  Propositions  and  Grievances. 

The  hour  of  three  o'clock  having  arrived,  the  Convention  proceed- 
ed, by  ballot,  to  the  election  of  a  Public  Printer;  and  on  collecting  and 
counting  the  votes  on  the  third  ballotting,  it  appeared  from  the  report 
of  the  Tellers,  that  SAMUEL  H.  LAUGHLIN  and  JOHN  F.  HENDERSON 
were  jointly  and  duly  elected. 

MR,  ALLEN'S  resolution  of  yesterday,  proposing  the  appointment  of 
a  committee  of  thirteen,  one  from  each  Congressional  District,  for  the* 
purpose  of  adopting  and  reporting  the  most  expedient  mode  of  present- 
ing to  the  consideration  of  the  House  such  amendments  as  may  be  pro- 
posed to  the  existing  Constitution,  was  taken  up,  read  and  adopted. 

The  President  appointed  Messrs.  Allen,  Roadman,  Garrett,  Gilles- 
py,  Greene,  Armstrong,  Burton,  Cannon,  Webster,  Sharp,  Cheatham, 
Hess,  and  Humphreys,  to  compose  said  Committee. 

On  motion  of  MR.  CHEATHAM,  ordered,  that  Messrs.  White  and 
Fogg  be  added  to  said  committee. 


IT 

On  motion  of  MR.  ARMSTRONG,  ordered,  that  Mr  Smith  be  added  to 
said  committee. 

On  motion  of  MR.  SHARP,  ordered,  that  Mr  Walton  be  added  to  said 
committee. 

The  resolutions  heretofore  submitted  by  Messrs.  Burton,  Hunts- 
man and  Cannon,  were,  on  their  several  motions,  ordered  to  be  refer- 
red to  the  foregoing  committee. 

MR.  KIMBROUGH  submitted  the  following: 

Resolved,  That  the  Convention  receive  no  more  resolutions,  for 
amendments  to  the  Constitution,  until  it  be  determined  by  this  body, 
whether  they  proceed  by  a  Committee  of  the  Whole  to  examine  said 
instrument  regularly,  as  to  what  amendments  should  be  made,  or 
whether  its  several  branches  be  referred  to  committees  for  their  ex- 
amination and  report. 

And  then  the  Convention  adjourned. 

THURSDAY,  MAY  22,  1834. 

The  Convention  was  opened  by  prayer,  by  the  Rev.  Mr.  Greene, 
of  the  Methodist  Episcopal  Church. 

MR.  ALLEN,  from  the  committee  to  whom  was  referred  sundry  re- 
solutions, reported  that  the  committee  have  had  the  same  under  con- 
sideration, and  have  instructed  him  to  report  the  following  resolutions: 

1st.  Resolved,  That  a  committee  of  five  be  appointed,  to  take  into 
consideration  the  Bill  or  Declaration  of  Rights,  and  to  report  to  this 
Convention,  whether  in  their  opinion,  any,  and  if  any,  what  amend- 
ments are  necessary  therein. 

2nd.  Resolved,  That  a  committee  of  thirteen  (one  from  each  Con- 
gressional District,)  be  appointed,  to  take  into  consideration  the  Le- 
gislative Department  as  established  by  the  present  Constitution,  and 
report  to  this  Convention,  whether  any,  and  if  any,  what  amendments 
or  changes  are  necessary  thereto. 

3rd.  Resolved,  That  a  committee  of  thirteen  (one  from  each  Con- 
gressional District)  be  appointed,  to  take  into  consideration  the  Ex- 
ecutive Department  of  the  Government,  as  established  by  the  present 
Constitution,  and  report  to  this  Convention,  whether  any,  and  if  any, 
what  amendments  or  changes  are  necessary  thereto. 

4th.  Resolved,  That  a  committee  of  thirteen  (one  from  each  Con- 
gressional District,)  be  appointed,  to  take  into  consideration  the  Judi- 
cial Department  of  the  Government,  as  established  by  the  present 
Constitution,  and  report  whether  any,  and  if  any,  what  amendments  or 
changes  are  necessary  thereto. 

5th.  Resolve/I,  That  a  committee  of  seven  members  be  appointed, 
to  take  into  consideration  the  Militia  Department,  as  established  by  the 
present  Constitution,  and  report  to  this  Convention,  whether  any,  and 
if  any,  what  amendments  or  changes  are  necessary  thereto. 

6th.  Resolved,  That  a  committee  of  thirteen  be  appointed,  to  take  into 
consideration  all  such  parts  of  the  present  Constitution  as  cannot  be  ap* 


I 


18 

propriately  classed  under  the  head  of  Legislative,  Executive,or  Judicial, 
or  any  of  the  committees  accompanying  this  report,  and  that  they  re- 
port to  this  Convention,  whether  any,  and  if  any,  what  amendments  or 
changes  are  necessary  thereto. 

7th.  Resolved,  That  all  resolutions  which  propose  an  amendment, 
change  or  alteration,  to  the  present  Constitution,  be  referred  by  the 
Convention  to  the  Committee  having  charge  of  that  branch  of  the  pre- 
sent Constitution  to  which  it  properly  belongs. 

MR.  ALLEN  moved  that  the  foregoing  report  be  laid  on  the  table 
and  that  sixty  copies  thereof  be  printed  for  the  use  of  the  Convention, 
which  motion  prevailed. 

MR.  HUNTSMAN,  from  the  Committee  on  Privileges  and  Elections, 
to  whom  was  referred  ihe  credentials  of  the  members  of  this  Conven- 
tion, reported  that  the  committee  had  carefully  examined  the  same, 
and  had  instructed  him  to  make  the  following  report,  to  wit:  That  the 
following  named  gentlemen  are  duly  elected  Members  of  this  Con- 
vention, from  Districts  hereinafter  designated. 

From  the  District  composed  of  the  County  of  Carter — WILLIAM 
B.  CARTER. 

From  the  County  of  Washington — MATTHEW  STEPHENSON. 
From  the  County  of  Sullivan — ABRAHAM  M'CLELLAN. 
From  the  County  of  Greene — ROBERT  J.  M'KIJVNEY. 
From  the  County  of  Hawkins — JOHN  A.  M'KINNEY. 
From  the  County  of  Knox — JOSEPH  A.  MABRY. 
From  the  County  of  Blount — JAMES  GILLESPY. 
From  the  County  of  Monroe — BRADLEY  KIMBROUGH. 
From  the  County  of  M'Minn — JOHN  NEAL. 
From  the  County  of  Roane — JAMES  I.  GREENE. 
From  the  County  of  White — RICHARD  NELSON. 
From  the  County  of  Jackson — JAMES  W.  SMITH. 
From  the  County  of  Warren — -ISAAC  HILL. 
From  the  County  of  Franklin — GEORGE  W.  RICHARDSON. 
From  the  County  of  Robertson — RICHARD  CHEATHAM. 
From  the  County  of  Montgomery — WILLIE  BLOUNT. 
From  the  County  of  Henderson — JOHN  PURDY. 
From  the  County  of  Carroll — ENNIS  URY. 
From  the  County  of  Madison — ADAM',  HUNTSMAN. 
From  the  County  of  Hardeman — JULIUS  C.  N.  ROBERTSON. 
From  the  County  of  Fayette — WEST  H.  HUMPHREYS. 
From  the  County  of  Shelby — ADAM  R.  ALEXANDER. 
From  the  County  of  H enry  —PETER  KENDALL. 
From  the  District  composed  of  the  Counties  of  Cocke  and  Sevier— 
WILLIAM  C.  ROADMAN. 

From  the  Counties  of  Rheaand  Hamilton — WILLIAM  T.  SENTER. 
From  the  Counties  of  Bledsoe  and  Marion — JOHN  KELLY. 
From   the  Counties   of   Overton  and   Fentress — HUGH  C.  ARM- 
STRONG. 


19 

From  the  Counties  of  Smith  and  Sumner — JOHN  J.  WHITE,  ROBERT 
ALLEN  AND  ISAAC  WALTON. 

From  the  County  of  Rutherford — WILLIAM  LEDBETTER  AND  HEN- 
RY RIDLEY. 

From  the  County  of  Bedford*— JOSEPH  KINCAID  AND  JONATHAN 
WEBSTER. 

From  the  County  of  Maury — TERRY  H.  CAHAL  AND  ROBERT  L. 
COBBS. 

From  the  County  of  Williamson — NEWTON  CANNON  AND  WILLIAM 
G.  CHILDRESS. 

From  the  County  of  Davidson — FRANCIS  B.  FOGG  AND  ROBERT 
WEAKLEY. 

From  the  County  of  Wilson — BURCHETT  DOUGLASS  AND  ROBERT 
M.  BURTON. 

From  the  Counties  of  Lincoln  and  Giles — JAMES  FULTON,  ANDREW 

A.  KlNCANNON  AND  THOMAS  C.  PORTER. 

From  the  Counties  of  Washington,  Green,  Sevier,  Cocke,  Blount, 
Monroe  and  M'Minn — JOHN  M'GAUGHEY. 

From  the  Counties  of  Campbell,  Claiborne,  Grainger  and  Jefferson 
— GALLOWAY  HODGES,  RICHARD  BRADSHAW  AND  GRAY  GARRETT. 

From  the  Counties  of  Warren  and  Franklin — WILLIAM  C.  SMARTT. 

From  the  Counties  of  Hickman,  Lawrence  and  Wayne — BOLING 
GORDON  AND  HENRY  SHARP. 

From  the  Counties  of  Perry,  Hardin  and  M'Nairy — JAMES  SCOTT 
AND  MACLIN  CROSS. 

From  the  Counties  of  Gibson  and  Dyer — NELSON  J.  HESS. 

From  the  Counties  of  Hay  wood  and  Tip  ton — WILLIAM  H.  LOVING. 

From  the  Counties  of  Wea/dey  and  Obion — G.  W.  L.  MARR. 

The  committee  further  beg  leave  to  report,  that  in  the  district  com- 
posed of  the  counties  of  Anderson  and  Morgan,  the  returning  officer  of 
Anderson  county  has  given  his  certificate  and  made  his  return  for  that 
county  only.  No  return  has  been  made  by  the  returning  officer  of 
Morgan  county ;  but  from  the  return  made  by  the  sheriff  of  Anderson 
county  in  faror  of  John  Whitson,  and  from  the  circumstance  of  no  per- 
son appearing  to  contest  the  election  of  Mr.  Whitson,  your  committee 
have  concluded  that  he  was  duly  elected,although  the  evidence  furnish- 
ed of  that  fact  is  not  in  pursuance  of  the  requirements  of  the  law.  The 
Committee  further  beg  leave  to  report,  that  the  sheriffs  and  returning 
officers  of  the  District  composed  of  the  counties  of  Dickson,  Stewart 
and  Humphreys,  have  not  made  such  returns  of  the  election,  held  in 
said  district,  as  the  law  requires,  by  reason  that  it  does  not  appear  that 
the  sheriff  or  returning  officer  of  Stewart  county,  has  made  any  re- 
turn or  comparison  of  the  poles  whatever.  But  the  sheriffs  and  return- 
ing officers  of  the  counties  of  Dickson  and  Humphreys  have  certified 
that  John  Montgomery  aud  James  Gray  are  duly  elected,  and  your 
committee,  in  this  case,  also  believe,  that  the  said  John  Montgomery 
and  James  Gray  are  duly  elected  from  the  aforesaid  district. 


20 

Your  committee  therefore  recommend  the  adoption  of  the  following 
resolution  : 

Resolved^  That  the  said  John  Whitson,  John  Montgomery  and  Jas. 
Gray,  are  entitled  to  all  the  rights  and  privileges  appertaining  to  mem- 
bers of  this  Convention,  and  that  they  retain  their  seats  accordingly. 
All  of  which  is  respectfully  submitted, 

ADAM  HUNTSMAN,   Chairman. 

The  foregoing  report  was  read,  the  resolution  adopted  and  the  report 
concurred  in. 

MR.  HUNTSMAN,  from  the  committee  who  were  appointed  to  draft 
rules  and  regulations  lor  the  Convention,  reported  the  following,  to 
wit : 

1st.   Touching  the  duties  of  the  President: 

He  shall  take  the  chair  every  day  at  the  hour  to  which  the  Conven- 
tion shall  have  adjourned  on  the  preceding  day;  shall  immediately 
call  the  members  to  order,  and,  on  the  appearance  of  two  thirds  of  the 
members,  shall  cause  the  Journal  of  the  preceding  day  to  be  read;  he 
shall  preserve  decorum  and  order;  may  speak  to  points  of  order,  in  pre- 
ference to  other  members,  rising  from  his  seat  for  that  purpose;  and 
shall  decide  questions  of  order,  subject  to  an  appeal  to  the  Convention 
by  any  two  members;  he  shall  rise  to  put  a  question,  but  may  state  it 
sitting;  questions  shall  be  distinctly  put  in  this  form,  to  wit: — "As 
many  as  are  of  opinion  that  (as  the  question  maybe)  say  Aye,"  and 
after  the  affirmative  voice  is  expressed —  uas  many  as  are  of  a  contrary 
opinion,  say  No."  If  the  President  doubts  or  a  division  be  called  for, 
the  Convention  shall  decide  ;  those  in  the  affirmative  of  the  question 
shall  first  rise  from  their  seats,  and  afterwards  those  in  the  negative. 
All  committees  shall  be  appointed  by  the  President,  unless  otherwise 
directed  by  the  Convention,  in  which  case  they  shall  be  appointed  by 
ballot,  and  if  upon  such  ballot  the  number  required  shall  not  be  elect- 
ed by  a  majority  of  votes  given,  the  Convention  shall  proceed  to  a  se- 
cond ballot,  in  which  a  plurality  of  votes  shall  prevail,  and  in  case  a 
greater  number  than  is  required  to  compose  or  to  complete  the  com- 
mittee, shall  have  an  equal  number  of  votes,  the  Convention  shall  pro- 
ceed to  a  further  ballot  or  ballots.  In  all  eases  of  ballot  by  the  Con- 
vention, the  President  shall  vote.  All  acts,  addresses  and  resolutions 
shall  be  signed  by  the  President,  and  all  writs,  warrants  or  subpoenaes, 
issued  by  order  of  the  Convention,  shall  be  under  his  hand  and  seal,  at- 
tested by  the  Secretary.  In  case  of  any  disturbance  or  disorderly  con- 
duct in  the  lobby,  the  President,  or  Chairman  of  the  Committee  of  the 
whole  Convention,  shall  have  power  to  order  the  same  to  be  cleared. 
Stenographers  shall  be  admitted,  and  the  President  shall  assign  such 
places  to  them  on  the  floor  as  shall  not  interfere  with  the  convenience 
of  the  Convention. 

2nd.   *Of  Decorum  in  Debate: 

When  any  member  is  about  to  speak  in  debate,  or  deliver  any  mat- 
ter to  the  Convention,  he  shall  rise  from  his  seat  uncovered  and  re- 


£1 

spectfully  address  himself  to  "Mr.  President,"  or  "Mr.  Chairman"  (as 
the  case  maybe)  and. await  the  notice  of  the  President,  or  Chairman, 
and  shall  confine  himself  to  the  question  under  debate,  and  avoid  dis- 
respectful personalities.  If  any  member,  when  speaking  or  otherwise, 
transgress  the  rules  of  the  Convention,  the  President  shall,  or  any 
member  may,  call  to  order  ;  in  which  case  the  member  so  called  to  or- 
der, shall  immediately  sit  down,  unless  permitted  to  explain  ;  and  the 
Convention  shall,if  appealed  to,  decide  on  the  case,  but  without  debate; 
if  there  be  no  appeal,  the  decision  of  the  Chair  shall  be  submitted  to. 
If  the  decision  be  in  favor  of  the  person  called  to  order,  he  shall  be  at 
liberty  to  proceed  ;  if  otherwise  and  the  case  require  it,  he  shall  be  li- 
able to  the  censure  of  the  Convention.  When  two  or  more  persons 
happen  to  rise  at  once,  the  President  shall  name  the  person  who  is  to 
speak. 

No  member  shall  speak  more  than  twice  on  the  same  question,  with- 
out leave  of  the  Convention;  nor  more  than  once,  until  every  member 
choosing  to  speak  shall  have  spoken.  Whilst  the  President  is  putting 
any  question,  or  addressing  the  Convention,  none  shall  walk  out  of 
or  across  the  House  ;  nor  whilst  a  member  is  speaking,  shall  he  enter- 
tain private  discourse,  nor  whilst  a  memberis  speaking  shallhe  pass  be- 
tween him  and  the  Chair.  Every  member  who  shall  be  in  the  Con- 
vention when  a  question  is  put,  shall  give  his  vote,  unless  the  Con- 
vention, for  special  reasons,  shall  excuse  him. 

When  a  motion  is  made  and  seconded,  it  shall  be  stated  by  the 
President,  or  being  in  writing,  it  shall  be  handed  to  the  Chair,  and  read 
aloud  by  the  Secretary  before  it  is  debated.  Every  motion  shall  be 
reduced  to  writing,  if  the  President  or  any  member  desire  it. 

After  a  motion  is  stated  by  the  President  or  read  by  the  Secretary, 
it  shall  be  deemed  to  be  in  possession  of  the  Convention,  but  may 
be  withdrawn  at  any  time  before  a  decision  or  amendment. 

When  a  question  is  under  debate,  no  motion  shall  be  received,  un- 
less to  amend  it,  to  commit  it,  or  for  the  previous  question;  to  post- 
pone to  a  day  certain,  or  to  lay  on  the  table,  or  to  adjourn. 

A  motion  to  adjourn  shall  always  be  in  order,  andtshall  be  decided 
without  debate. 

When  a  question  has  been  made  once  and  carried  in  the  affirmative 
or  negative,  it  shall  be  in  order  for  any  member  of  the  majority,  to 
move  for  the  reconsideration  thereof.  The  Convention  shall  have  the 
power  to  compel  the  attendance  of  absent  members. 

No  Member  shall  absent  himself  from  the  service  of  the  Conven- 
tion, unless  he  have  leave,  or  be  sick  and  unable  to  attend. 

The  first  member  named  on  a  committee  shall  be  Chairman  of  the 
same.  The  Convention  may  be  resolved  into  a  Committee  of  the 
Whole,  for  the  discussion  of  any  question  that  may  be  pending  before 
the  Convention.  The  Convention  at  all  times  shall  be  considered  in 
n  when  the  President  takes  the  Chair,  and  the  roll  shall  not  be 
called  unless  on  application  of  a  member. 

The  Previous  Question  shall  be  in  this  form  :  u  Shall  the  Main  Ques- 


tion  be  now  put  ?"  And  may  be  demanded  by  any  member,  if  second- 
ed; and  if  sustained  by  a  majority,  shall  prevail;  and,  until  it  is  decided, 
shall  preclude  all  amendment  and  further  debate  of  the  Main  Ques- 
tion. 

The  unfinished  business  in  which  the  Convention  was  engaged  at 
the  last  preceding  adjournment,  shall  have  the  preference  in  the  orders 
of  the  day  ;  and  no  motion  on  any  other  business  shall  be  received, 
without  special  leave  of  the  Convention,  until  the  former  is  disposed  of. 

On  a  motion  made  and  seconded,  a  call  of  the  Convention  shall  be 
had. 

No  member  shall  vote  on  any  question,  touching  his  own  conduct 
in,  or  rights  and  privileges  as  a  member  of,  this  Convention. 

The  Secretary  shall  not  suffer  any  records  or  papers  to  be  taken 
from  the  table,  or  out  of  his  custody,  by  any  member  or  any  other 
person,  without  leave  of  the  Convention. 

It  shall  be  a  standing  rule  of  the  Convention,  that  the  President  be 
authorized  to  call  any  member  of  the  Convention  to  occupy  the  Chair, 
and  exercise  the  functions  of  President  until  he  may  resume  the  Chair; 
with  this  proviso,  that  the  power  given  by  this  rule  shall  not  be  con- 
strued to  confer  on  the  President  a  right  to  place  any  member  in  the 
Chair  for  a  longer  period  than  one  day. 

Upon  the  motion  of  any  member,  if  seconded,  the  ayes  and  noes 
may  be  called  for  and  spread  upon  the  Journal.  Any  person  voting  in 
the  negative  of  any  proposition,  shall  have  the  right  of  entering  his  pro- 
test and  reasons  for  such  vote  upon  the  Journals,  provided  he  shall  use 
no  disrespectful  personalities,  in  such  protest,  against  any  member  of 
this  Convention.  After  the  question  is  put  and  the  affirmative  vote 
taken,  there  shall  be  no  further  debate. 

The  preceding  rules  shall  be  observed  in  Committee  of  the 
Whole,  so  far  as  they  are  applicable,  except  that  part  of  the  rule  which 
restricts  members  from  speaking  more  than  twice  upon  the  same  ques- 
tion, and  except  the  rule  in  regard  to  the  Previous  Question. 

All  resolutions  shall  lie  on  the  table  for  one  day  for  consideration, 
unless  in  special  cases,  when  the  Convention  shall  think  proper  to  sus- 
pend the  rule. 

All  of  which  is  respectfully  submitted, 

ADAM  HUNTSMAN,  Chairman. 

The  foregoing  report  was  read  and  adopted,  and  on  motion  of  Mr. 
Huntsman,  it  was  ordered,  that  one  hundred  and  twenty  copies  there- 
of be  printed,  for  the  use  and  convenience  of  the  members  of  this  Con- 
vention. 

On  motion  of  MR.  JOHN  A.  M'KINNEY,  ordered,  that  the  Secretary 
make  an  alphabetical  list  of  the  members,  together  with  the  counties 
in  which  they  respectively  reside,  and  cause  to  be  printed  sixty  copies 
thereof  for  the  use  of  the  Convention. 

MR.  JOHN  A.  M'KINXEY'S  resolution  of  yesterday,  directory  to  the 
Secretary  of  State,  was  on  his  motion,  taken  up,  read  and  adopted.  — 


23 

Ordered,  that  the  Secretary  furnish  the  Secretary  of  State  with  a  copy 
thereof. 

MR.  PORTER  submitted  the  following: 

Resolved,  That  the  2nd  section  of  article  5th,  on  the  Judiciary,  be 
so  amended  as  to  read  as  follows — "That  the  General  Assembly  shall, 
by  joint  ballot  of  both  Houses,  appoint  Judges  of  the  several  Courts  of 
Law  and  Equity,  who  shall  hold  their  offices  for  the  term  of  six  years." 

Resolved,  That  officers  elected  under  the  amended  Constitution, 
shall  at  the  expiration  of  the  time  for  which  they  were  elected,  be  el- 
igible tore-election,  except  legally  disqualified. 

Resolved,  That  no  officer  under  this  government  shall  be  elected 
for  life,  or  during  good  behaviour. 

The  PRESIDENT  presented  the  following  communication  from  the  In- 
spectors of  the  Penitentiary,  to  wit: 

The  Undersigned  respectfully  request  the  members  of  the  Conven- 
tion, to  visit  the  Penitentiary  on  Saturday  next,  at  3  o'clock. 


THURSDAY,  MAY  22d,  1834. 


WM.  CARROLL, 
SAM.  G.  SMITH, 
EASTIN  MORRIS, 
R.  C.  FOSTER, 
MOSES  RIDLEY. 


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a 


On  motion  of  MR.  BLOXJNT,  ordered,  that  the  foregoing  invitation, 
be  accepted  and  entered  upon  the  Journals  of  the  Convention. 

MR.  FOGG  submitted  the  following: 

Resolved,  That  the  Journals  of  the  Convention  shall  be  daily  drawn 
up  by  the  Secretary,  and  after  being  examined  by  the  President,  shall 
be  printed,  and  one  copy  delivered  to  the  Secretary,  and  one  to  each 
member  without  delay. 

MR.  SMITH  the  following: 

Resolved,  That  all  resolutions  and  petitions  lying  on  the  table,  pro- 
posing amendments  or  alterations  in  the  Constitution,  be  printed,  and 
every  member  of  the  Convention  furnished  with  one  copy  before  they 
are  called  upon  to  act  on  the  same. 

And  MR.  SENTER  the  following: 

1st.  Resolved,  That  the  Supreme  Court  of  Errors  and  Appeals,  shall 
consist  of  three  Judges,  who  shall  hold  their  offices  for  nine  years, 
subject  to  the  following  restriction  ;  at  the  first  election,  one  to  be 
elected  for  three  years,  one  for  six  years,  and  one  for  nine  years. 

2nd.  Resolved,  That  the  Judges  of  the  Circuits,  shall  be  divided  in- 
to three  classes  by  the  General  Assembly,  after  the  adoption  of  the 
amended  Constitution.  The  first  Class  to  be  elected  for  three,  the 
2nd  for  six,  and  the  3rd  for  nine  years,  and  that  their  tenure  of  office 
shall  be  for  nine  years,  subject  to  the  restriction  of  the  first  elections. 

3rd.  Resolved,  That  the  Chancellors  be  elected  for  nine  years,  re- 
serving the  right  to  the  General  Assembly  to  continue  or  abolish  the 
Chancery  Courts,  and  that  all  facts  not  admitted  in  the  pleadings  shall 
be  found  by  a  jury. 


24 

4th.  Resolved,  That  all  Judges  shall  be  elected  by  the  joint  vote  of 
the  General  Assembly. 

MR.  KIMBROUGH'S  resolution  of  yesterday,  prohibiting  the  introduc- 
tion of  resolutions,  was  on  his  motion  taken  up  and  read,  and  while  un- 
der discussion, 

The  Convention,  on  motion  of  Mr  Burton,  adjourned. 

FRIDAY,  MAY  23,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  Mr.  PITTS,  of  the  Methodist  Episcopal  Church. 

Mr.  HESS  submitted  the  following  : 

Resolved,  That  the  President  draft  and  make  known  to  the  Con- 
vention, the  order  in  which  business  shall  be  taken  up  and  acted  upon; 
and  the  rule  being  suspended,  said  resolution  was  adopted. 

Mr.  KINCAID  presented  the  memorial  of  sundry  citizens  of  Bedford, 
Lincoln,  Giles  and  Maury  counties,  praying  an  alteration  or  amend- 
ment of  the  9th  article,  4th  section  of  the  existing  Constitution, 
which  declares  that,  "No  new  county  shall  be  established  by  the  Gen- 
eral Assembly,  which  shall  reduce  the  county  or  counties,  or  either  of 
them,  from  which  it  shall  be  taken,  to  a  less  content  than  six  hundred 
and  twenty-five  square  miles" — so  as  to  authoiise  the  General  Assem- 
bly hereafter  to  lay  off  and  establish  new  counties,  where  the  same 
may  be  done  without  reducing  the  older  counties,  from  which  such  new 
county  may  be  taken  to  a  less  content  than  four  hundred  square  miles. 
The  said  memorial  being  read  at  the  Clerk's  table, 

MR.  CAHAL  moved  its  reference  to  the  Committee  on  Propositions 
and  Grievances. 

MR.  J.  A.  M'KINNEY  moved  that  it  be  referred  to  a  Select  Com- 
mittee. 

Mr  WHITE  moved  to  amend  the  motion  of  Mr  M'Kinney,  by  referring 
it  to  a  Select  Committee  of  thirteen,  to  be  composed  of  one  member 
from  each  Congressional  District ;  which  amendment  was  accepted  by 
Mr.  M'Kinney. 

MR.  GRAY  moved  to  lay  the  memorial  on  the  table,  but  afterwar ' 
withdrew  his  motion,  when  Mr  Greene  submitted  the  following: 

Resolved,  That  the  Committee  on  Propositions  and  Grievac 
increased  to  the  number  of  thirteen,  and  that  one  member  there* 
taken  from  each  Congressional  District  in  the  State,  and  that  all  pet 
tionsand  memorials  presented  to  this  Convention  on  the  subject  of  re- 
ducing the  boundaries  of  the  old,  and  creating  new  counties,  be  refer- 
red to  said  committee. 

Mr.  Fulton  thereupon  renewed  the  motion  to  lay  on  the  table,  which 
prevailed. 

On  motion  of  MR.  ALLEN,  the  report  of  the  committee,  of  which  he 
is  Chairman,  made  on  yesterday  and  ordered  to  the  table,  was  taken 
up  and  read. 

MR.  CAHAL  offered  the  following  in  lieu  of  all  the  resolutions  con- 


25 

tained  in  the  report,  to  wit:  1st.  Resolved,  That  a  Committee  of  fif- 
teen, one  of  whom  shall  be  from  each  Congressional  District,  be  ap- 
pointed, to  take  into  consideration  the  Legislative  Department  of  the 
Government,  as  established  by  the  present  Constitution,  and  report  to 
this  Convention  whether  any,  and  if  any,  what  amendments  or  changes 
are  necessary  therein. 

2nd.  Resolved,  That  a  Committee  of  fifteen,  one  from  each  Con- 
gressional District,  be  appointed,  to  take  into  consideration  the  Execu- 
tive Department  of  the  Government,  as  established  by  the  present 
Constitution,  and  report  to  this  Convention  whether  any,  and  if  any, 
what  amendments  or  changes  are  necessary  therein. 

3rd.  Resolved,  That  a  Committee  of  fifteen,  one  from  each  Con- 
gression  District,  be  appointed,  to  take  into  consideration  the  Judicial 
Department  of  the  Government,  as  established  by  the  present  Consti- 
tution, and  report  to  this  Convention  whether  any,  and  if  any,  what 
amendments  or  changes  are  necessary  therein. 

4th.  Resolved,  That  a  Committee  of  fifteen,  one  from  each  Con- 
gressional District,  be  appointed,  to  take  into  consideration  the  Bill  of 
Rights,  and  all  such  parts  of  the  present  Constitution  as  cannot  be  ex- 
clusively and  appropriately  referred  to  either  of  the  foregoing  Com- 
mittees, to  inquire  and  report  to  this  Convention  whether  any,  and  if 
any,  what  amendments  or  changes  are  necessary  therein. 

5th.  Resolved,  That  all  Resolutions,  which  propose  an  amendment 
or  change  in  the  present  Constitution,  be  referred  to  the  Committee 
having  charge  of  that  branch  of  the  Government  to  which  it  properly 
belongs. 

In  lieu  of  which,  Mr.  CANNON  offered  his  resolution  of  Wednesday 
last,  declaring  it  expedient  to  go  into  Committee  of  the  Whole,  for  the 
purpose  of  taking  up,  examining,  and  considering  the  existing  Con- 
stitution in  detail,  by  articles  and  sections. 

And  in  lieu  of  all  which,  MR.  KINCAID  offered  the  following: 

Resolved,  That  it  is  and  will  be  the  most  expedient  course  of  pro- 
ceeding for  the  Convention  to  take  up  the  Constitution  by  articles  and 
sections,  commencing  with  the  first  in  the  order  in  which  they  are  ar- 
ranged, and  receive  propositions  to  amend  each  article  and  section  that 
may  be  thought  to  require  amendment,  acting  upon  the  merits  of  each 
proposition  after  discussion  and  full  deliberation,  thereby  making  sub- 
stantially the  several  amendments  to  the  respective  parts  of  the  Con- 
stitution, which  it  would  be  deemed  proper  to  make.  And  to  attain 
those  ends  the  more  easily,  the  Convention  could  resolve  itself  into 
a  Committee  of  the  Whole  upon  any  proposition  or  propositions,  for 
jhe  purpose  of  facilitating  the  business,  when  it  would  seem  expedient 
to  do  so. 

And  while  the  same  was  under  discussion,  Mr.  JOHN  A.  M'KINNEY 
moved  an  adjournment,  which  prevailed. 


26 

SATURDAY,  MAY  24,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  Mr.  Garrett  of  the  Methodist  Episcopal 
Church. 

MR.  CAHAL  presented  the  petition  of  sundry  citizens  of  Maury 
county,  on  the  subject  of  Emancipation: 

And  MR.  MONTGOMERY,  the  petition  of  sundry  citizens  of  Hum- 
phreys county,  praying  that  the  Tennessee  river  be  made  the  divid- 
ing line  between  that  and  other  counties: 

Both  of  which  were  severally  read  and  ordered  to  the  table. 

MR.  HUNTSMAN  submitted  the  following: 

Resolved^  That  the  Treasurer  of  Middle  Tennessee  make  ar- 
rangements with  either  of  the  Banks  in  the  city  of  Nashville,  for  such 
an  amount  of  money  as  may  be  necessary  for  defraying  the  expenses  of 
this  Convention: 

And  that  the  Treasurer  of  the  Western  District  be,  and  he  is  here- 
by directed,  to  transfer  whatever  public  moneys  may  be  in  his  hands, 
to  the  Treasurer  of  Middle  Tennessee,  at  as  early  a  period  as  practi- 
cable. 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table  being 
suspended,  on  motion  of  Mr.  Huntsman,  said  resolution  was  adopted. 

Mr.  CANNON  submitted  the  following: 

Resolved,  That  the  following  be  adopted  as  one  of  the  Rules  for  the 
government  of  the  proceedings  of  this  Convention: 

That  when  any  subject  or  motion  is  under  debate,  and  a  motion  is 
made  to  lay  it  on  the  table,  it  shall  have  precedence,  and  the  question 
shall  be  decided  without  debate. 

Mr.  M'GAUGHEY,  the  following: 

1st.  Resolved,  That  the  Convention  take  into  consideration  the 
propriety  of  amending  the  2nd  section  of  the  1st  article,  so  as  to  insert 
the  .word  'free,'  before  the  word  taxable,  so  as  to  make  it  read  'free 
taxable  inhabitants' ;  and  that  they  strike  from  the  present  Constitu- 
tion, so  much  of  the  7th  section  as  requires  a  person  to  possess,  in  his 
own  right,  in  the  county  which  he  represents,  not  less  than  two  hun- 
dred acres  of  land  ;  and  that  they  so  amend  the  24th  section  of  the 
same  article,  as  to  prohibit  members  of  the  General  Assembly  from  be- 
ing eligible  to  any  office  where  the  power  of  appointment  shall  vacate 
his  seat  during  the  term  for  which  he  had  been  elected  ;  and  that  they 
also  so  amend  the  26th  section,  as  to  tax  land  according  to  quality. 

2nd.  Resolved.  That  the  Convention  tjake  into  consideration  the 
propriety  of  so  amending  the  3d  article  of  the  present  Constitution,  as 
to  allow  no  one  individual  more  than  one  vote  in  any  election  ;  and 
that  they  amend  the  3d  section  of  said  article,  so  as  to  require  an  in- 
dividual who  may  be  called  on  in  the  capacity  of  a  Representative  to 
vote,  to  give  his  vote  viva  voce,  to  be  entered  upon  the  Journals  for  the 
inspection  of  his  constituents. 

3rd.  Resolved,  That  the  Convention  take  into  consideration  the 


27 

propriety  of  so  amending  the  3d  section  of  the  4th  article  of  the  pre- 
sent Constitution,  that  no  person  shall  be  convicted  without  a  concur- 
rence of  two  thirds  of  the  whole  Senate. 

4th.  Resolved,  That  the  convention  so  amend  the  2d  section  of  the 
5th  article  of  the  present  Constitution,  which  provides  for  the  ap- 
pointment of  Judges  of  the  several  Courts  of  law  and  equity  during 
good  behaviour,  as  to  require  them  to  be  elected  for  a  limited  period 
of  five  or  seven  years  ;  and  that  they  so  amend  the  12th  section  of  the 
same  article,  as  to  give  the  election  of  Justices  of  the  Peace  and  Con- 
stables, to  the  people  of  their  respective  Captains'  Companies,  to  hold 
their  offices  for  two  years,  and  that  the  removal  of  any  Justice  of  the 
Peace  or  Constable  out  of  the  company  for  which  he  was  chosen,  shall 
vacate  his  office. 

5th.  Resolved,  That  the  Convention  so  amend  the  6th  article  of  the 
present  Constitution,  as  to  give  the  election  of  Sheriffs,  Clerks,  Trus- 
tees and  Registers,  to  the  people  of  the  several  counties,  to  hold  their 
offices  for  two  years,  except  Clerks,  who  ought  to  be  elected  for  four 
years,  and  that  the  Circuit  Courts  be  vested  with  powrer  to  try  the  im- 
peachments of  Justices  of  the  Peace,  and  of  all  county  officers. 

6th.  Resolved,  That  this  Convention  shall  so  amend  the  present 
Constitution,  as  to  require  it  to  be  submitted  to  the  good  people  of 
this  State  for  their  approval  or  rejection. 

Mr.  NEAL,  the  following: 

Resolved,  That  it  is  inexpedient  for  the  Legislature  of  the  State 
of  Tennessee,  to  charter  any  Bank  in  the  State,  without  making  the 
individual  property  of  the  stockholders,  both  real  and  personal,  liable 
for  the  redemption  of  the  notes  issued  by  such  Banks,  in  proportion  to 
the  stock  owned  by  each  stockholder. 

And  the  following : 

In  order  to  derive  the  greatest  benefit  from  the  right  of  trial  by 
Jury — 

Resolved,  That  great  care  ought  to  be  taken,  that  none  but  quali- 
fied persons  should  be  appointed  to  serve;  and  that  jurors  should  be 
appointed  in  the  following  manner  : 

There  should  be  one  or  more  elected  by  the  qualified  voters  in  each 
Captain's  Company,  to  serve  for  one  year,  who  should  receive  for  their 
services  a  compensation  to  be  ascertained  by  law,  and  should  be  classed 
and  serve  in  such  a  manner  as  shall  be  most  conducive  to  an  enlighten- 
ed and  impartial  administration  of  the  laws. 

MR.  NELSON,  the  following: 

1st.  Resolved,  That  it  is  expedient  for  this  Convention  to  take  into 
consideration  the  propriety  of  regulating  and  restricting  the  right  of 
appeal  from  such  inferior  to  such  superior  Courts  as  are  or  may  be  es- 
tablished. 

2nd.  Resolved,  That  it  is  also  expedient  for  the  Convention  to  take 
into  consideration  the  propriety  of  taking  from  County  Courts  all  juris- 
diction, except  county  business,  and  giving  to  the  Circuit  Courts  juris- 
diction of  all  jury  trials. 


£8 

And  Mr.  BLOUNT,  the  following: 

Resolved,  That  a  General  Committee  of  twenty  six  members,  two 
from  each  of  the  Congressional  Districts,  be  appointed  to  examine  into 
the  present  Constitution  of  this  State,  according  to  the  arrangement  of 
he  different  articles,  sections  and  miscellaneous  provisions,  including 
the  Bill  of  Rights  expressed  therein,  taking  them  up  article  by  article, 
and  section  by  section,  beginning  with 

1st.  The  Bill  of  Rights  : 

2nd.  The  Legislative  Department: 

3rd.  The  Executive  Department  in  chief,  and  its  several  branches 
— say  State  Department,  Treasury  Department,  and  the  great  body  of 
the  Militia: 

4th.  The  Judicial  Department,  and  the  kind  and  character  of  the 
different  Courts  of  law  and  equity  or  chancery  composing  said  Depart- 
ment, including  the  office  of  Attorneys  and  Solicitors  General,  Clerks, 
Masters  in  Equity  or  Chancery;  and  also  all  ministerial  officers,  as 
Sheriffs,  &c.  for  the  service  and  execution  of  process;  and  also  all 
Courts  of  municipal  regulations,  and  the  ministerial  officers  for  the 
same;  and  to  make  special  reports  thereon,  according  to  the  above 
mentioned  articles  and  provisions  of  them  severally,  in  due  order  of 
common  place  arrangement  respectively ;  and  also  to  point  out  and 
enumerate  specifically  such  amendments,  if  any,  as  experience  of  any 
defects  of,  or  in  said  articles  and  provisions  may  have  taught  the  ne- 
cessity or  propriety  of  amending,  or  of  being  added  thereto  in  any  of 
said  three  chief  Departments,  or  in  said  Bill  of  Rights  ;  and  also  clear- 
ly and  emphatically  to  state  in  said  report  or  reports,  an  enumeration 
of  the  powers  proper  to  be  delegated,  the  powers  reserved  to  the  peo- 
ple or  intended  to  be  reserved  to  them  in  the  Bill  of  Rights,  and  also 
all  powers  prohibited  in  connection  with  the  powers  reserved  in  the 
Bill  of  Rights.  Also,  all  powers  granted  to  any  one  of  the  three  chief 
Departments  of  the  Government,  as  well  as  those  prohibited  to  any 
other  Department,  whether  said  powers  relate  to  the  great  general  in- 
terests of  the  State,  to  those  of  the  People,  or  to  any  particular  depart- 
ment, or  to  any  particular  set  of  officers,  or  public  functionaries  ;  and 
so  to  be  specified  as  that  one  department  and  its  officers  of  administra- 
tion shall  not  interfere  with  another,  and  in  such  manner  as  to  show 
that  our  government  shall  be  one  of  laws  only,  and  not  a  government 
of  men,  and  so  as  that  every  citizen  shall  have  right  and  justice  done 
him,  safely  and  without  oppression,  quickly  and  without  delay,  with- 
out sale  or  denial,  leaving  nothing  to  construction. 

2nd.  Resolved,  That  said  General  Committee  report  all  needful,  or, 
in  their  opinion,  any  proper  amendment  respecting  provisions  for  fix- 
ing and  regulating  the  elective  franchise,  in  point  of  age  or  other  qual- 
ification, and  for  preserving  the  purity  of  all  elections.  That  they  re- 
port needed  amendments  in  the  provision  relating  to  any  qualification 
of  any  officers  of  any  department  of  the  Government,  together  with 
an  outline  of  suitable  checks  therefor.  That  they  report  all  needed 
amendments  relating  to  general  or  special  provisions  of  a  miscellaneous 


29 

character.  That  they  report  on  the  propriety  or  impropriety  of  chang- 
ing the  basis  of  representation  from  that  of  numbers  to  that  of  county, 
district  or  territorial  basis,  also  the  mode  of  permanently  fixing  said 
election  districts  not  to  be  changed,  and  likewise  the  rule  by  which  re- 
presentation in  the  Senate  and  House  of  Representatives  is  to  be  fixed, 
subject  to  no  change  ;  as  well  as  the  number  of  Senators  and  Repre- 
sentatives to  be  elected  in  each  house  from  each  county  or  district, 
without  increase  or  diminution  of  the  number  to  compose  either  house 
of  the  Legislature.  That  they  report  on  the  propriety  or  impropriety 
of  taking  the  power  of  impeachment  from  the  Legislature,  and  of  the 
trial  of  impeachments  from  it,  and  vesting  that  power  of  impeachment 
and  trial,  in  courts  of  law  of  superior  jurisdiction,  to  be  proceeded  on, 
as  all  other  criminal  offences,  and  under  the  right  of  trial  by  jury. 
That  they  report  on  the  propriety  or  impropriety  of  vesting  the  pow- 
er of  granting  divorces,  in  the  courts  of  Law  and  not  in  the  Legislature. 
That  they  report  what  change,  if  any,  is  proper  to  be  made  in  levying 
State  and  County  taxes,  and  in  the  mode  of  accounting  for  both  the 
one  and  the  other:  also  the  mode  of  appropiiating  and  accounting  at 
stated  periods  for  militia  fines:  and  the  mode  of  electing  officers,  wheth- 
er by  ballot  or  viva  voce  ;  also,  suitable  provisions  in  relation  to  the 
mode  of  promoting  Internal  Improvements  by  land  or  by  water,  and 
likewise  of  promoting  education  :  the  mode  of  filling  vacancies  in  all 
offices  either  pro  tern,  or  permanently:  The  mode  of  fixing  on  and  set- 
tling just  rules  concerning  Grand  and  Petit  Jurors,  summoning  veniries, 
and  the  qualification  of  Jurors;  also  whether  elections  of  Senators  and 
Representatives  and  stated  sessions  of  the  Legislature  shall  be  annual 
or  biennial  ;  also  what  body  shall  be  vested  with  the  power  of  grant- 
ing charters  of  incorporation  of  general  or  local  character,  and  partic- 
ularly of  the  latter,  for  county  objects  and  purposes. 

3d.  Resolved,  That  they  report  what  alteration  be  necessary,  if  any,  in 
relation  to  the  limits  and  contents  of  counties  in  square  miles,  so  as 
not  to  reduce  the  present  counties  to  less  contents  than  at  present  con- 
tained as  established,  and  so  that  new  counties  maybe  created  out  of  any 
surplus  of  territory  of  one  or  more  counties  adjoining  each  other,al  though 
such  surplus  may  be  less  in  square  miles  than  the  original  constitution- 
al county  from  which  county  or  counties  such  surplus  of  territory  may 
be  found  on  survey  to  exist  and  be  taken;  so  as  to  express,  that  no  new 
county  prayed  for  shall  be  less  than  a  certain  number  of  square  miles, 
as  nearly  equal  as  may  be  to  the  contents  of  the  original  constitutional 
counties  now  established,  and  so  as  to  leave  the  old  counties  as  nearly 
in  a  square  or  oblong  form  as  shall  be  found  to  be  practicable;  prefer- 
ring it  to  be  left  square  in  all  cases,  if  practicable,  in  preference  to  an 
oblong  form. 

4th.  Resolved,  That  they  report  a  clear  and  definite  enumeration  of 
checks  on,  or  to  guard  against  probable  or  possible  abuses  of  power  by  the 
Legislature,  or  any  other  department  or  institution  under  the  Constitu- 
tion provided,  or  to  be  provided  for,  to  be  established,  and  as  far  as 
practicable  prohibiting  abuses  of  power  by  construction,  too  often  run  in- 
to even  by  bodies  or  departments  of  best  intentions. 


30 

5th.  Resolved,  That  they  report  suitable  provisions  in  relation  to 
slavery  and  emancipation,  in  such  a  manner  as  to  put  those  subjects  at 
rest,  never  to  be  interfered  with  by  the  Legislature  under  any  circum- 
stances. 

6th.  Resolved,  That  the  object  of  this  outline  is  not  to  interfere  with, 
or  in  any  manner  to  affect  the  right  of  the  Convention  to  deliberate  or  act 
in  Committee  of  the  Whole;  but  to  lead  to  some  definite  and  proper 
course  of  proceeding  to  effect  the  important  object,  for  the  due  consid- 
eration of  which  this  Convention  has  been  authorized  by  the  people  to 
be  convened;  or  in  other  words  to  get  before  us  something  tangible, 
to  act  on  with  effect  and  for  useful  purposes  and  ends,  in  the  shortest 
time  and  at  the -least  expense  to  the  State  and  people. 

Mr  ALLEN'S  report  together  with  the  amendments  thereto,  were 
taken  up  and  read. 

The  President  decided  Mr  KINCAID'S  proposition  to  amend,  out  of 
order. 

Whereupon  Mr  GARRETT  moved  an  adjournment,  and  the  question 
thereon  being  had,  "will  the  Convention  adjourn,"  it  was  determined  in 
the  negative:  Ayes  14,  Noes  46.  The  ayes  and  noes  being  demand- 
ed by  Sir  ALLEN  : 

The  affirmative  voters  are 

Messrs  President,  Bradshaw,  Blount,  Garrett,  Hodges,  Huntsman, 
Hess,  Kincannon,  Kimbrough,  Marr,  Senter,  Sharp,  Walton  and  Web- 
ster—14. 

The  negative  voters  are 

Messrs  Allen,  Armstrong,  Alexander,  Burton,  Cannon,  Childress, 
Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gillespy, 
Greene,  Gray,  Gordon,  Hill,  Humphreys,  Kelly,  Kincaid,  Kendall,  Led- 
better,  Loving,  M'Clellan,  Robert  J.  M'Kinney,  John  A.  M'Kinney, 
Mabry,  M'Gaughey  ,Montgomery,  Neal,  Nelson,  Porter,  Purdy,  Road- 
man, Richardson,  Ridley,  Robertson,  Stcphenson,  Smith,  Smartt,  Scott, 
Ury,  Whitson,  White  and  Weakley — 46. 

And  so  said  motion  was  lost. 

The  question  then  recurred  upon  the  reception  of  Mr  CANNON'S 
amendment  in  lieu  of  Mr  C  ARAL'S  and  in  lieu  of  the  report  of  the  Com- 
mittee, and  thereupon  the  question  was  submitted,  "will  the  Conven- 
tion receive  said  amendment?"  and  determined  in  the  affirmative: 
Ayes  31,  Noes  29.  The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are 

Messrs  Armstrong,  Alexander,  Bradshaw,  Blount,  Cannon,  Chil- 
dress, Garrett,  Gillespy,  Gray,  Hodges,  Kincannon,  KendalJ,  Mabry, 
M'Gaughey,  Montgomery,  Marr,  Neal,  Nelson,  Porter, Roadman,  Rich- 
ardson, Robertson,  Stephenson,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whit- 
son,  Walton  and  Weakley — 31. 

The  negative  voters  are 

Messrs  President,  Allen,  Burton,  Cahal,  Cobbs,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Greene,  Gordon,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kincaid,  Kimbrough,  Ledbetter,  Loving,  M'Clellan,  R. 


31 

J.  M'Kinney,  John  A.  M'Kinney,  Purdy,  Ridley,  Senter,  White  and 
Webster— 29. 

And  so  said  amendment  was  received: 

And  then  the  Convention  adjourned. 

MONDAY,  MAY  26, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Edgar,  of  the  Presbyterian  Church. 

Mr  NEAL  presented  the  memorial  of  sundry  citizens  of  M'Minn  coun- 
ty, on  the  subject  of  emancipation: 

Mr  HESS,  the  memorial  of  sundry  citizens  of  Gibson  county,  on  the 
subject  of  new  counties: 

Mr  SENTER,  the  memorial  of  sundry  citizens  of  Rhea  county,  on  the 
subject  of  emancipation: 

Mr  M'CLELLAN,  the  memorial  of  sundry  citizens  of  Washington, 
Greene  and  Hawkins  counties,  on  the  subject  of  new  counties: 

The  PRESIDENT  announced  from  the  chair  the  memorial  of  sundry 
citizens  of  this  state,  on  the  subject  of  emancipation: 

And  also  the  duplicate  returns  of  the  elections,  for  Delegate  to  the 
Convention  from  Carter  county: 

All  of  which  said  memorials  and  returns  were  ordered  to  lay  upon 
the  table. 

Mr  HUNTSMAN,  at  the  request  of  Mr  John  A.  M'Kinney,  made  a 
motion,  to  reconsider  the  vote  of  Saturday  last,  on  the  adoption  of  the 
resolution  relating  to  an  arrangement  to  be  made  between  the  Treas- 
urer of  West  Tennessee  and  the  Banks;  and  the  question  being  put  by 
the  Chair,  it  was  determined  in  the  negative;  Ayes  28,  Noes  32. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs  President,  Allen,  Armstrong;,  Bradshaw,  Childress,  Doug- 
lass, Fulton,  Gray,  Gordon,  Hodges,  Kimbrough,  Ledbetter,  M'Clel- 
lan,  R.  J.  M'Kinney,  John  A.  M'Kinney,  Mabry,  M'Gaughey,  Neal, 
Nelson,  Roadman,  Richardson,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt,  Scott  and  Whitson— 28. 

The  negative  voters  are, 

Messrs  Alexander,  Burton,  Blount,  Cannon,  Cahal,  Cobbs,  Cheat- 
ham,  Cross,  Fogg,  Garrett,  Gillespy,  Greene,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Loving,  Montgom- 
ery, Marr,  Porter,  Purdy,  Ridley,  Sharp,  Ury,  Walton,  White,  Web- 
ster and  Weakley — 32. 

And  so  said  motion  was  lost. 

The  amended  report  of  the  Committee,  of  which  Mr  Allen  is  chair- 
man, was  taken  up: 

Mr  Cahal  made  a  motion,  to  adopt  the  resolutions,  introduced  by 
him  on  Tuesday  last,  as  a  substitute  and  in  lieu  of  the  amended  report. 
The  chair  decided  said  motion  to  be  out  of  order: 

Mr  Douglass  offered  resolutions,  as  a  substitute  and  in  lieu  of  the 


report.     The  chair  decided  that  it  would  be  out  of  order  to  consider 
the  resolutions: 

And  then  Mr  Kincaid  made  a  motion,  to  adopt  the  resolutions  intro- 
duced by  him  on  Friday  last,  as  a  substitute  and  in  lieu  of  the  report; 
and  the  question  on  Mr  Kincaid's  motion  being  put  by  the  chair,  it  was 
determined  in  the  negative.  Ayes  14,  Noes  45. 

The  ayes  and  noes  being  demanded 

The  affirmative  voters  are, 

Messrs  Allen,  Cahal,  Douglass,  Greene,  Kelly,  Kincaid,  Kendall, 
M'Clellan,  John  A.  M'Kinney,  M'Gaughey,  Richardson,  Smartt,  Scott 
and  Webster — 14. 

The  negative  voters  are, 

Messrs  President,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett, 
Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess, 
Kincannon,  Kimbrough,  Ledbetter,  Loving,  R.  J.  M'Kinney,  Mabry, 
Montgomery,  Marr,  Nelson,  Porter,  Purdy,  Roadman,  Ridley,  Rob- 
ertson, Stephenson,  Senter,  Smith,  Sharp,  Dry,  Whitson,  Walton, 
White  and  Weakley — 45. 

And  so  said  motion  was  lost. 

The  question  then  recurred  upon  the  adoption  of  said  report,  as 
amended,  and  the  question  thereupon  was  submitted,  "will  the  Con- 
vention adopt  said  report  as  amended?"  which  was  determined  in  the 
affirmative — Ayes  36,  Noes  23. 

The  ayes  and  noes  being  demanded 

Those  who  voted  in  the  affirmative  were, 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Blount,  Cannon,  Chil- 
dress, Cahal,  Cobbs,  Cheatham,  Garrett,  Gillespy,  Gray,  Gordon, 
Hodges,  Hess,  Kincannon,  Kendall,  Mabry,  M'Gaughey,  Montgom- 
ery, Marr,  Neal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Rob- 
ertson, Stephenson,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson  and 
Weakley— 36. 

The  negative  voters  are, 

Messrs.  President,  Allen,  Burton,  Cross,  Douglass,  Fulton,  Fogg, 
Greene,  Hill,  Huntsman,  Humphreys,  Kelly,  Kincaid,  Kimbrough, 
Ledbetter,  Loving,  M'Clellan,  R.  J.  M'Kinney,  John  A.  M'Kinney, 
Ridley,  Senter,  White,  and  Webster— 23. 

And  so  said  report  as  amended  was  adopted. 

The  President  announced  from  the  chair,  the  report  of  the  Secre- 
tary of  State,  made  in  obedience  to  a  resolution  adopted  by  the  Con- 
vention on  the  21st. 

The  report  was  read  and,  on  motion  of  Mr.  Huntsman,  one  hundred 
and  twenty  copies  thereof  were  ordered  to  be  printed. 

On  the  motion  of  Mr.  Huntsman,  the  resolution  introduced  by  him 
on  Tuesday  last,  ordering  that  one  hundred  copies  of  the  Constitution 
be  printed,  was  taken  up  and  adopted. 

On  motion  of  Mr.  MARR,  the  resolution  introduced  by  Mr.  Cannon 
on  Saturday,  proposing  to  amend  the  rules,  was  taken  up  and  adopted. 


33 

Mr.  STEPHENSON  submitted  the  following: 

Resolved,  That  when  any  matter  has  been  presented  for  the  con- 
sideration of  the  Convention,  and  is  in  its  possession,  it  shall  not  be 
in  order  for  any  Delegate  to  offer  any  resolution,  or  make  any  motion, 
substantially  the  same,  except  by  way  of  amendment. 

The  Convention  resolved  itself  into  Committee  of  the  Whole,  on 
the  existing  Constitution  of  this  State,  Mr.  Cannon  in  the  Chair,  and, 
after  much  discussion  upon  the  various  propositions  touching  the  sub- 
ject under  consideration,  the  Committee  rose,  reported  progress,  asked 
and  obtained  leave  to  sit  again: 

And  then  the  Convention  adjourned. 

TUESDAY,  MAY  27,    1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  M.  Edgar,  of  the  Presbyterian  Church. 

The  PRESIDENT  presented  the  memorial  of  sundry  citizens  of  Car- 
ter county,  praying  a  constitutional  provision  authorizing  the  General 
Assembly  to  divide  old,  and  establish  new  counties — and, 

Mr.  ROADMAN,  the  petitions  of  sundry  citizens  of  the  counties  of 
Cocke  and  Sevier,  upon  the  subject  of  emancipation: 

All  of  which  were  severally  read  and  ordered  to  the  table. 

Mr.  CANNON  submitted  the  following: 

Resolved,  That  no  proposition,  amendment,  or  alteration,  that  has 
heretofore  been  proposed  or  may  hereafter  be  proposed  or  offered,  to 
the  existing  Constitution,  shall  be  considered  to  be  fully  and  finally  a- 
dopted,  so  as  to  make  it  part  of  the  amended  Constitution,  until  it  shall 
have  been  read  and  considered,  at  least  three  times  on  three  different 
days,  and  be  sustained  each  time  by  a  majority  of  the  members  (pre- 
sent) of  this  Convention. 

Mr.  ALLEN,  (he  following  : 

Resolved,  That  the  Committee  of  the  Whole,  to  whom  has  been 
referred  the  present  Constitution  of  the  State  of  Tennessee,  be  direct- 
ed to  inquire  into  the  expediency  of  amending  so  much  thereof  as  will 
change  the  tenure  by  which  the  Judges  of  the  several  Courts  of  Law 
and  Equity,  and  Attorneys  for  the  State,  hold  their  offices,  by  striking 
out  all  that  part  of  the  2nd  section  of  the  5th  article  that  follows  the 
word  t4State,"  and  insert  in  lieu  thereof  the  following,  viz:  "Who  shall 
hold  their  respective  offices  during  the  term  of  four  years."  Also,  by 
striking  out  the  10th  section  of  the  5th  article,  and  inserting  in  lieu 
thereof  the  following,  viz:  "The  supreme  Court,  or  the  Court  of  the 
last  resort,  shall  appoint  its  own  clerk  or  clerks,  who  shall  hold  their 
offices  during  the  term  of  four  years.  The  clerks  of  the  other  courts 
established  by  law  shall  be  elected  by  the  freemen,  entitled  by  the 
constitution  to  vote  for  members  to  the  General  Assembly,  in  the  Coun- 
ty, Circuit  or  District  (as  the  case  may  be)  that  composes  the  jurisdic- 
tion of  the  court,  for  the  term  of  two  years."  Also,  by  striking  out 
the  12th  section  of  the  5th  article,  and  inserting  in  lieu  thereof,  the 

E 


34 

following,  to  wit:  "there  shall  be  for  each  county,  Justices  of  the 
Peace  and  Constables,  not  exceeding  two  Justices  and  one  Constable, 
in  and  for  each  Captain's  company,  who  shall  be  elected  by  the  free- 
men within  the  bounds  of  the  company  in  which  they  reside,  entitled 
to  vote  for  members  to  the  General  Assembly,  for  the  term  of  two 
years,  in  such  manner,  and  at  such  times  and  places  as  the  Legislature 
may  prescribe."  Also  by  striking  out  the  1st  section  of  the  6th  arti- 
cle, and  inserting  in  lieu  thereof  the  following,  viz:  "There  shall  be 
elected  in  each  county  by  the  freemen  entitled  to  vote  in  the  same 
for  members  to  the  General  Assembly,  one  Sheriff,  one  Coroner,  one 
Trustee,  one  Register,  and  one  Ranger,  to  serve  for  the  term  of  two 
years,  in  such  manner,  and  at  such  times  and  places,  as  the  Legislature 
may  prescribe."  "All  persons  holding  offices  under  the  Constitution 
for  a  term  of  years,  shall  at  the  expiration  of  the  same,  be  eligible  for 
re-election,  unless  special  provision,  to  the  contrary,  in  the  Constitu- 
tion be  mentioned." — And 

Mr.  HODGES,  the  following: 

Resolved^  That  the  Judges  of  the  Supreme  and  Circuit  Courts,  shall 
hold  their  offices  for  the  term  of  four  years  and  no  longer  ;  subject, 
however,  to  re-election  by  the  qualified  voters  of  their  respective  dis- 
tricts, who  shall  vote  by  the  word  of  mouth,  or  viva  voce.  All  elec- 
tions for  officers  of  government,  shall  be  by  the  people  ;  all  young 
men,  eighteen  years  of  age  shall  be  entitled  to  vote,  or  not  be  compell- 
ed to  do  military  duty  until  they  arrive  at  twenty  one  years  of  age. 

Resolved,  That  Justices  of  the  Peace  shall  be  elected  by  the 
Captain's  Companies  in  the  bounds  of  which  they  may  respectively  re- 
side, and  shall  be  commissioned  by  the  Governor  for  the  term  of  four 
years. 

Resolved,  That  the  salaries  of  the  Judges  of  the  Supreme  and  Cir- 
cuit Courts  shall  not  exceed  one  thousand,  nor  the  salary  of  the  Gov- 
ernor fifteen  hundred,  dollars  per  annum. 

The  resolution  submitted  on  yesterday,  by  Mr.  Stephenson,  pro- 
hibiting the  introduction  of  amendments  or  propositions  to  amend  the 
existing  Constitution,  where  similar  amendments  or  propositions  may 
have  been  previously  submitted,  was  taken  up,  read  and  rejected. 

Mr.  CROSS  submitted  the  following: 

Resolved^  That  the  House  of  Representatives  shall  not  consist  of 
less  than  sixty  two,  nor  more  than  seventy  members,  until  the  number 
of  the  inhabitants  shall  be  one  million,  and  after  that  event,  the  whole 
number  of  Representatives  shall  never  be  less  than  eighty,  nor  more 
than  one  hundred;  provided,  however ,  that  each  county  having  one 
thousand  voters,  shall  be  entitled  to  at  least  one  Representative. 

Mr.  BURTOX,  the  following  : 

Resolved,  That  it  is  not  expedient  for  the  advancement  of  the  pub- 
lic good,  that  there  should  be  any  increase  to  the  present  number  of 
members,  in  the  Senatorial  or  Representative  branches  of  the  Legis- 
lature of  this  State. 

Mr.  RICHARDSON,  the  following  : 


35 

Resolved,  That  the  present  Constitution  of  this  State  ought  to  be 
amended  so  that  lands  and  all  other  property,  liable  to  taxation,  shall 
be  taxed  according  to  its  value: 

That,  the  possession  or  ownership  of  land  ought  not  to  be  a  necessa- 
ry qualification  for  the  office  of  Governor,  or  for  a  seat  in  either  branch 
of  the  General  Assembly  : 

That,  all  county  officers,  it?  iludihg  Juf  tices  of  the  Peace,  and  clerks 
of  the  County  and  Circuit  Courts,  ought  fio  be  elected  by  the  people 
of  their  respective  counties  for  a  term  of  years  ;  and  that  Constables 
have  no  jurisdiction  in  civil  cases  beyond  the  limits  of  the  captain's 
company  in  which  they  reside;  and  that  the  removal  of  a  Justice  of  the 
Peace  beyond  the  limits  of  the  captain's  company  in  which  he  resided 
at  the  time  of  his  appointment,  shall  be  held  and  deemed  a  vacation 
of  office: 

That,  the  General  Assembly  shall,  by  joint  ballot,  elect  the  Judges 
of  the  courts  of  Law  and  Equity,  and  that  they  shall  hold  their  offices 
for  a  term  of  years: 

That,  the  jurisdiction  of  the  County  courts,  in  matters  of  law,  be 
abolished,  and  that  they  be  constituted  courts  or  tribunals  solely  of  bu- 
siness for  the  county  : 

That,  the  commissioned  officers  of  the  militia  of  this  State,  shall  be 
elected  by  those  citizens  in  their  respective  districts,  who  are  subject 
to  military  duty: 

That,  all  persons  shall  be  entitled  to  vote  for  Governor  and  mem- 
bers of  the  General  Assembly,  so  soon  as  they  are  liable  or  subject  to 
do  military  duty: 

That,  at  all  elections  by  the  people  and  by  the  General  Assembly, 
the  mode  of  voting  shall  be  viva  voce. 

That  all  elections  by  the  people  shall   be  holden  for  one  day  only. 

Resolved,  That  the  representation  in  the  representative  branch  of 
the  Legislature  of  the  State,  shall  be  fixed  upon  the  basis  of  popula- 
tion ;  that  each  county  possessing  a  population  of  eight  hundred  free 
male  taxable  inhabitants,  over  the  age  of  twenty  one  years,  agreeably 
to  the  enumeration  of  1833,  shall  be  entitled  to  one  representative  ; 
and  each  county  possessing  a  population  of  twenty  five  hundred,  qual- 
ified as  above  by  the  said  enumeration,  shall  be  entitled  to  two  repre- 
sentatives, and  no  county  shall  be  entitled  to  more  than  two  represen- 
tatives. 

Resolved,  That  the  representation  in  the  lower  branch  of  the  Gen- 
eral Assembly  shall  be  apportioned,  among  the  several  counties  of  the 
State  every .  years,  upon  the  above  basis  of  representation. 

Mr.  PURDY,  the  following: 

Resolved,  That  the  present  Constitution  be  so  amended,  that  the 
different  counties  in  this  State  bo  hid  off  into  Districts  or  Townships, 
so  that  there  shall  not  be  more  thin  twelve  Districts  in  each  county 
which  shall  be  laid  off  according  to  law. 

Resolved,  That  the  1  3th  section  of  the  5th  article  of  the  existing  Con- 
stitution be  so  amended,  that  there  shall  be  two  Justices  of  the  Peace 


36 

elected  for  each  township  by  the  qualified  voters  thereof,  who  shall 
be  commissioned  by  the  Governor,  and  hold  their  offices  for  the  term 
of  five  years,  whose  jurisdiction  and  duties  shall  be  regulated  by  law. 

Mr.  PORTER,  the  following: 

1st.  Resolved,  That  the  present  Constitution  be  so    amended   as 

to   read  as  follows   :    "Within  years   after   the    first  meeting 

of  the  General  Assembly,  aryd  \within  overy  subsequent  term  often 
years,  an  enumeration  of  the  taxable  inhabitants,  shall  be  made  in 
such  manner  as  shall  be  directed  by  law,  said  enumeration  to  take  place 
at  the  time  heretofore  pointed  out  by  the  Federal  Constitution  ;  and 
the  number  of  representatives,  shall,  at  the  several  periods  of  making 
such  enumeration,  be  fixed  by  the  Legislature,  and  apportioned  among 
the  several  counties  according  to  the  number  of  free  taxable  inhabi- 
tants in  each,  and  shall  never  be  less  than  the  present  number,  nor 
greater  than  seventy  five. 

2nd.  Resolved,  That  the  3rd  section  of  the  1st  article  of  the  present 
Constitution  be  so  amended  as  to  read  as  follows  :  "The  number  of 
senators  shall,  at  the  several  periods  of  making  the  enumeration  before 
mentioned,  (in  the  amendment  to  the  2nd  section  of  the  1st  article) 
be  fixed  by  the  Legislature,  and  apportioned  among  the  districts  form- 
ed as  hereinafter  directed,  according  to  the  number  of  free  taxable  in- 
habitants in  each,  and  shall  never  be  less  than  one  third,  nor  more  than 
one-  half  the  number  of  representatives," 

3rd.  Resolved^  Thatthe  5th  section  of  the  1st  article  of  the  present 
Constitution  be  so  amended,  as  to  read  as  follows:  "The  first  election 
of  senators  and  representatives,  shall  take  place  under  the  provisions 
of  the  present  Constitution,  on  the  first  Thursday  in  August,  1835, 
terminating  on  the  succeeding  day,  at  the  places  now  pointed  out  by 
law  ;  at  which  time  and  places  each  qualified  voter  under  the  present 
Constitution,  shall  vote  for  or  against  the  adoption  of  the  revised  Con- 
stitution. And  if  a  majority  of  the  qualified  yoters  shall  vote  against 
its  adoption,  then  said  revised  Constitution  shall  be  null  and  void,  and 
the  present  Constitution  shall  remain  in  full  force  and  virtue  ;  but  if 
otherwise,  the  revised  Constitution  shall  be  considered  as  adopted." 
And, 

Mr.  GREENE,  the  following  : 

1st.  Resolved^  That  an  enumeration  of  the  free  white  taxabies  shall 
be  made  every  six  years,  commencing  from  the  year  1833,  and  the 
number  of  representatives  shall  at  the  several  periods  of  making  such 
enumeration,  be  apportioned  amongst  the  several  counties,  according 
to  the  number  of  free  white  taxable  inhabitants  in  each,  and  shall  not 
exceed  fifty  Representatives  until  the  population  of  the  State  shall 
amount  to  one  million  of  souls,  and  after  that  event,  at  such  ratio,  that 
the  whole  number  of  Representatives  shall  not  exceed  seventy: 

The  number  of  Senators  shall,  at  the  periods  of  making  the  enumer- 
ation before  montione  1,  be  apportioned  according  to  the  number  of  free 
white  taxable  inhabitants  in  each  district,  and  shall  be  one  half  the 
number  of  Representatives.  When  a  district  is  composed  of  two  or 


37 

more  counties,  they  shall  be  adjoining,  and  no  county  shall  be  divided 
in  forming  a  district. 

The  polls  at  all  elections  for  Senators  and  Representatives,  shall  be 
closed  at  sunset  on  the  first  day  of  the  election,  and  in  no  case  shall 
the  election  be  continued  for  more  than  one  day,  unless  from  high 
water,  or  other  unavoidable  cause,  the  voters  should  be  prevented 
from  attending  the  first  day,  in  which  case,  the  Judges  of  the  election 
shall  keep  the  polls  open  until  the  evening  of  the  second  day. 

All  free  white  male  citizens  who  have  resided  in  the  State  four  years, 
and  in  the  county  one  year  immediately  preceding  the  election,  and 
who,  if  a  Representative,  shall  have  attained  the  age  of  twenty  five, 
and  if  a  Senator,  the  age  of  thirty  years,  shall  be  eligible  to  a  seat  in 
the  General  Assembly. 

No  member  of  the  General  Assembly  shall  be  eligible  to  any  office 
or  place  of  trust  during  the  period  for  which  he  was  elected  a  mem- 
ber thereof,  except  to  such  office  or  trust  as  he  may  be  elected  to  by 
the  people. 

All  lands  in  this  State  held  by  deed,  grant  or  entry,  shall  be  classed 
into  four  classes,  and  taxed  accordingly. 

Mr.  CAHAL  moved  a  suspension  of  the  rule  requiring  resolutions  to 
lie  one  day  on  the  table,  so  as  to  cause  to  be  referred  the  fore- 
going resolutions,  together  with  others  heretofore  submitted,  pro- 
posing amendments  or  changes  to  the  existing  Constitution, to  the  Com- 
mittee of  the  Whole  :  and  the  sense  of  the  Convention  being  thereup- 
on had,  said  motion  was  rejected. 

Mr.  CHILDRESS  submitted  the  following  : 

Resolved,  That  this  Convention,  when  in  Committee  of  the  Whole, 
shall,  as  before  required,  take  up  the  Constitution,  article  by  article, 
and  section  by  section,  so  truit  each  member,  without  discussion,  may 
make  their  several  propositions,  to  be  laid  on  the  table,  so  that,  when 
the  Committee  of  the  Whole  rise  and  report  progress,  said  amend- 
ments, as  proposed  in  Committee  of  the  Whole,  be  referred  to  this 
several  Committees  to  be  raised  ;  as  follows:  one  on  the  Executive, 
the  Judiciary  and  Legislative  Departments,  and  on  the  Bill  of  Rights. 

Mr.  CHILDRESS  moved  a  suspension  of  the  rule,  so  as  to  put  the  fore- 
going resolution  upon  its  adoption  ;  which  motion  was  lost. 

Mr.  LEDBETTER  submitted  the  following: 

1st.  Resolved^  That  all  elections,  whether  by  the  people,  the  Legis- 
lature or  the  County  Courts,  shall  be  vivavoce. 

2nd,  Resolved,  That  the  right  of  suffrage  be  taken  from  free  color- 
ed parsons,  and  that  they  be  exempted  from  military  service. 

3rd.  Resolved,  That  divorces  from  the  bonds  of  matrimony,  shall 
not  he  granted,  but  in  cases  provided  by  law.  by  suit  in  Chancery. 

4th.  Resolved,  That  there  shall  be  one  general  rate  of  interest  in 
this  Scatc,  which  may  be  changed  by  law,  from  time  to  time,  so  that 
every  person  and  corporation  be  allowed  the  same  rate. 

Mr.  BRADSHAW,  the  following: 

Resolved,  That  the  2nd  section  of  the  1st  article  of  the  present 


38 

stitution  be  amended  as  follows,  to  wit:  "Within  four  years  after  the 
first  meeting  of  the  General  Assembly,  and  within  every  subsequent 
term  of  eight  years,  an  enumeration  of  the  free  white  taxable  inhabi- 
tants shall  be  made,  in  such  manner  as  shall  bs  directed  by  law;  and 
the  representative  districts,  shall  at  the  several  periods  of  making  such 
enumeration,  be  fixed  by  the  Legislature,  and  apportioned  among  the 
several  counties,  according  to  the  number  of  free  white  taxable  inha- 
bitants in  each,  at  such  ratio,  that  the/whole  number  of  representatives 
shall  never  exceed  forty." 

Mr.  JOHN  A.  M'KINNEY  moved  that  the  memorials  in  relation  to 
new  counties  be  taken  up  and  referred  to  a  select  committee,  consist- 
ing of  thirteen  members  (one  from  each  Congressional  District)  which 
motion  was  decided  by  the  Chair,  to  be  out  of  order. 

Mr.  GRAY  submitted  the  following  : 

Resolved,  That  the  2nd,  3rd  and  4th  sections  of  the  1st  article  of 
the  Constitution  of  this  State,  be  so  amended  as  to  read  as  follows;  viz: 

1st.  "In  the  year  1839,  and  within  every  subsequent  term  of  eight 
years  an  enumeration  of  the  free  taxable  inhabitants  shall  be  made, 
in  such  manner  as  shall  be  directed  by  law;  the  number  of  Represen- 
tatives shall  be  one  from  each  county,  and  no  more. 

2nd.  "The  number  of  Senators  shall,  at  the  several  periods  of  ma- 
king the  enumeration  before  mentioned,  be  fixed  by  the  Legislature, 
and  apportioned  among  the  districts  as  hereinafter  directed,  according 
to  the  number  of  free  taxable  inhabitants  in  each,  and  shall  never  be  less 
than  one  third  nor  more  than  two  fifths  of  the  number  of  Representa- 
tives. 

3rd.  "The  Senators  shall  be  chosen  by  districts,  to  be  formed  by  the 
Legislature,  each  district  containing  such  a  number  of  taxable  inhabi- 
tants as  shall  be  entitled  to  elect  one  Senator;  and  when  a  district  shall 
be  composed  of  two  or  more  counties,  they  shall  be  adjoining,  and  no 
county  shall  be  divided  in  forming  a  district." 

Mr.  SHARP,  the  following  : 

1st.  Resolved,  That  the  2nd  section  of  the  1st  article  of  the  Consti- 
tution, be  so  amended,  as  to  authorize  the  enumeration  to  be  taken 
every  six  years,  instead  of  every  seven  years. 

2nd.  Resolved,  That  all  lands  liable  to  taxation  in  this  State,  ought 
to  be  taxed  according  to  quality;  and  that  the  same  ought  to  be  classed 
and  that  each  town  lot  ought  to  be  taxed  according  to  value. 

3rd.  Resolved,  that  every  individual  subject  to  military  duty  shall  be 
permitted  to  vote  for  Senators  and  Representatives  to  the  General 
Assembly,  Governor  and  members  of  Congress. 

4th.  Resolved,  That  all  free  male  inhabitants  over  the  age  of  eigh- 
teen be  authorized  to  vote  for  military  officers. 

5th.  Resolved,  That  a  residence  in  the  State  of  two  years,  shall  be 
sufficient  residence  to  authorize  an  individual  to  serve  in  the  Legis- 
lature of  the  State;  and  that  such  a  provision  be  inserted  in  the  Con- 
stitution as  shall  supercede  the  necessity  of  a  property  qualification, 
and  shall  secure  to  merit  and  talent  alone,  the  right  to  represent  a  free 
people. 


39 

6th.  Resolved,  That  Judges  ought  to  be  elected  every  four  years, 
and  be  eligible  for  a  second  term ;  and  that  Solicitors  General  be  elect- 
ed for  a  term  of  four  years,  and  that  they  likewise  be  eligible  to  a 
second  election  :  that  the  Clerks  of  the  Circuit  Courts  be  elected,  for 
a  period  of  four  years,  by  the  qualified  voters  of  each  county  :  and  that 
all  other  county  officers  be  elected  by  the  people,  for  the  term  of  two 
years  :  that  each  Captain's  company  elect  its  own  Constables  and  Jus- 
tices of  the  Peace:  and  that  all  offices,  whether  of  Justices  of  the 
Peace  or  Constables,  shall  become  vacant  on  the  removal  of  the  in- 
cumbent from  tire  Captain's  company  for  which  he  was  elected. 

7th.  Resolved,  That  each  county  in  the  State  ought  to  have  one 
Representative,  and  that  every  two  counties  ought  to  have  one  Sena- 
tor: and  that  the  Legislature  ought  to  meet  every  two  years:  and  that 
the  Governor  should  have  power  to  convene  the  General  Assembly  on 
extraordinary  occasions  ;  provided  they  attend,  exclusively,  to  the  bu- 
siness for  wThich  they  were  convened. 

And  Mr.  FOGG,  the  following: 

Resolved,  That  not  more  than  one  hour  in  each  day,  shall  be  devot^ 
ed  to  the  subject  of  resolutions,  which  shall  be  after  the  other  morn- 
ing business  is  disposed  of;  after  which  the  unfinished  business  shall 
be  taken  up. 

On  motion  of  Mr  Fogg,  the  resolution  heretofore  submitted  by  him, 
requiring  the  Secretary  to  furnish  the  printers  daily,  with  a  copy  of  the 
Journal,  so  as  to  enable  them  to  furnish  each  member  with  a  printed 
copy  thereof,  was  taken  up  and  read  : 

In  lieu  of  which,  Mr.  DOUGLASS  submitted  the  following  : 

Resolved,  That  the  Secretary  of  the  Convention,  if  he  shall  find 
it  necessary,  be  authorized  and  required  to  employ  a  clerk,  to  furnish 
the  printers  to  the  Convention,  with  a  true  and  perfect  copy  for  pub- 
lication, on  the  evening  of  each  day,  of  the  proceedings  of  the  Conven- 
tion ;  one  copy  of  which  shall  belaid  on  the  table  of  each  member,  if 
practicable,  on  the  next  day  :  provided,  however,  that  the  Secretary 
shall  dismiss  said  Clerk  so  soon  as  he  may  be  enabled,  in  addition  to 
his  regular  duties,  to  perform  the  services  required  of  said  Clerk. 

Said  amendment  was  accepted  by  Mr.  FOGG,  and  thereupon  the 
question  was  submitted  "will  the  Convention  adopt  the  resolution?" 
and  determined  in  the  affirmative — Ayes  34,  Noes  26. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon, 
Childress,  Douglass,  Fulton,  Fogg,  Garrett,  Greene,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kincannon,  Kimbrough, 
Ledbetter,  Robert  J.  M'Kinney,  John  A.  M'Kinney,  Marr,  Nel- 
son, Porter,  Purdy,  Richardson,  Ridley,  Ury,  Whitson,  White  and 
Weakley— 34. 

The  negative  voters  are 

Messrs.  President  (Carter)  Armstrong,  Cabal,  Cobbs,  Cheatham, 
Cross,  Gillespy,  Kelly,  Kincaid,  Kendall,  Loving,  M'Clellan,  Mabry, 


40 

M'Gaughey,  Montgomery,  Neal,  Roadman,  Robertson,  Stephenson, 
Senter,  Smith,  Smartt, Sharp,  Scott,  Walton  and  Webster — 26. 

And  so  said  resolution  was  adopted. 

On  Motion  of  Mr.  M'GAUGHEY,  the  Convention  resolved  itself  into 
a  Committee  of  the  Whole,  Mr.  Cannon  in  the  Chair,  on  the  existing 
Constitution;  and,  after  some  time  spent  in  consideration  thereof,  the 
Committee  rose,  repoited  progress,  and  asked  and  obtained  leave  to 
sit  again  on  tomorrow. 

Mr.  BURTON  submitted  the  following  : 

1st.  Resolved,  That  every  report  that  may  hereafter  be  made  by 
any  committee,  now  raised  or  that  may  hereafter  be  raised,  shall  be 
read  on  three  several  days,  and  receive  the  distinct  action  of  the  Con- 
vention on  each  day,  before  the  same  shall  be  considered  as  adopted  or 
rejected. 

2nd.  Resolved,  That  every  resolution,  proposing  an  amendment  to 
the  Constitution  of  this  State,  shall  be  read  on  three  several  days,  be- 
fore it  shall  receive  the  final  action  of  the  Convention,  unless  said 
resolution  shall,  on  motion,  be  first  referred  to  the  committee  to  which 
it  may  appropriately  belong. 

3rd.  Resolved,  That  every  proposition  to  amend  the  Constitution 
shall  be  in  the  form  of  a  resolution,  and  shall  be  reduced  to  writing  by 
the  mover  of  the  same. 

4th.  Resolved,  That  the  above  constitute  a  part  of  the  standing 
rules  for  the  government  of  the  Convention,  and  likewise  for  the  gov- 
ernment of  the  Committee  of  the  Whole,  so  far  as  they  may  be  ap- 
plicable. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  MAY  28,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Edgar  of  the  Presbyterian  Church. 

Mr.  STEPHENSON  presented  the  memorial  of  sundry  citizens  of 
Washington  county,  on  the  subject  of  emancipation;  which  was  read, 
and  ordered  to  the  table. 

Mr.  WALTON  presented  the  memorial  of  sundry  citizens  of  Smith 
and  Sumner  counties,  in  relation  to  new  counties;  which  being  read, 
he  moved  its  reference  to  the  Committee  on  Propositions  and  Griev- 
ances: 

Mr.  ALLEN  moved  that  it  be  ordered  to  the  table,  which  last  motion 
prevailed. 

Mr.  CHEATHAM  submitted  the  following: 

Whereas,  it  is  a  subject  of  vital  importance  to  the  good  people  of 
the  State  of  Tennessee,  that  the  Seat  of  Government  should  be  per- 
manently located  :  And  whereas,  the  location  of  the  Penitentiary,  and 
the  location  of  the  Union  Bank  (in  each  of  which  the  State  has  a  deep 
interest)  are  located  in  the  town  of  Nashville  :  And  whereas, it  is  im- 
portant in  future  to  prevent  an  inroad  upon  legislation,  and  quietly  to 
settle  the  important  question;  be  it,  therefore, 


41 

Resolved ,  That  the  1st  section  of  the  10th  article  be  so  amended  as 
to  permanently  fix  and  locate  the  Seat  of  Government  in  the  town  of 
Nashville. 

Mr.  NELSON,  the  following: 

Resolved,  That  the  Convention,  in  Committee  of  the  Whole,  take 
into  consideration  the  propriety  of  making  a  constitutional  provision, 
which  will  discontinue  the  present  Chancery  Courts,  and  give  to  each 
Circuit  Court  in  the  State,  one  term  in  each  year,  exclusively  devot- 
ed to  the  transaction  of  chancery  business. 

Mr.  ROADMAN,  the  following  : 

1st.  Resolved,  That  the  2nd  section  of  the  1st  article  of  ihe  Constitu- 
tion, should  be  so  amended,  that  the  period  for  taking  the  enumer- 
ation of  taxable  inhabitants,  should  accord  with  that  of  the  United 
States,  and  should  read  thus:  "Resolved,  That  the  enumeration  of  tax- 
able inhabitants  be  made  once  in  ten  years,  commencing "Resolved, 

That  each    county  shall  have  one  Representative." 

2nd.  Resolved,  That  the  3rd  and  4th  sections  of  the  said  article 
be  amended  so  as  to  read  thus  :  "Resolved,  That  the  number  of  Sen- 
ators shall  at  no  time  be  less  than  one  third,  nor  more  than  one  half 
the  number  of  Representatives,  to  be  chosen  by  Districts,  to  be  form- 
ed by  the  Legislature  in  proportion  to  population,  so  that  no  county 
shall  be  divided  in  forming  a  District." 

3rd.  Resolved,  That  the  20th  section  in  the  said  article  should  be  al^ 
tered  thus  :  "Resolved,  That  the  members  of  the  next  Legislature 

shall  receive  for  their  services  — —  dollars  per  day,  and dollars 

for  every  thirty  miles  travelling  in  going  to,  and   returning  from,  the 
General  Assembly." 

4th.  Resolved,  That  each  Legislature  shall  fix  the  wages  for  the 
next  succeeding  one. 

5th.  Resolved,  That  the  26th  section  of  said  article  be  stricken  out, 
and  the  following  inserted  :  "Resolved,  That  all  lands  liable  to  taxa- 
tion in  this  State  held  by  deed,  grant,  or  entry,  shall  be  taxed  in 
proportion  to  their  value  ;  estimated  as  first,  second,  third  and  fourth 
rate  :  Town  lots  in  proportion  to  their  value." 

6th.  Resolved,  That  the  2nd  section  of  the  5th  article,  be  amend- 
ed so  as  to  read  thus  :  "Resolved,  That  the  Judges  of  the  several 
courts  of  law  and  equity,  and  Attorneys  for  the  State,  shall  be  elected 
by  joint  ballot  of  both  Houses  of  the  General  Assembly,  for  a  term 
not  less  than  six,  nor  more  than  eight  years,  and  shall  be  re-eligible. 

7th.  Resolved,  That  the  12th  section  of  the  5th  article,  and  the  1st 
section  of  the  6th  article,  be  each  amended  so  as  to  read  thus  :  "Re- 
solved, That  there  shall  be  two  Justices  of  the  Peace  for  each  Cap- 
tain's company  in  the  county,  and  three  for  the  company  which  in- 
cludes the  county  town,  who  shall  reside  in  their  respective  com- 
panies, to  be  elected  by  the  qualified  voters  in  each  company,  to  hold 
their  offices  for  four  years  and  to  be  re-eligible.  Clerks  of  County  and 
Circuit  Courts,  to  be  elected  by  the  qualified  voters  of  the  county  for 


four  years,  and  be  re-eligible.  Sheriffs,  Constables,  Coroners  and 
Trustees,  to  be  elected  by  the  qualified  voters  of  the  county  for  two 
years,  and  be  re-eligible." 

8th.  Resolved)  That  the  1st,  2nd,  3rd  and  4th  sections  of  the  7th  ar- 
ticle be  so  amended  as  to  read  thus  :  "Resolved,  That  all  military 
officers  shall  be  elected  by  the  citizens  who  are  subject  to  military 
duty." 

9th.  Resolved)  That  the  3rd  section  of  the  10th  article  be  so  amend- 
ed as  to  read  thus  :  "Resolved,  That  whenever  two  thirds  of  the 
Legislature  shall  recommend  amendments  to  this  Constitution,  they 
shall  submit  the  same  to  the  people,  and  if  a  majority  of  the  people 
shall  approve  of  said  amendment,  it  shall  be  ratified  by  the  next  suc- 
ceeding Legislature,  provided  said  amendments  shall  not  extend  to 
more  than  one  article  at  any  one  session." 

On  motion  of  Mr.  Roadman,  ordered  that  the  resolution  heretofore 
offered  by  him,  on  the  21st  instant,  be  appended  to  the  foregoing. 

Mr.  SMITH  submitted  the  following  : 

1st.  Resolved)  That  an  extension  and  frequent  exercise  of  the  right 
of  suffrage,  is  consistent  with  the  principles  of  free  government,  and 
in  order  to  secure  a  faithful  discharge  of  the  duties  of  public  servants, 
and  the  requisite  rotation  in  office,  for  a  strong  attachment  to  our  insti- 
tutions, no  person  shall  be  elected  to  an  office  for  life  or  during  good 
behaviour;  but  the  tenure  of  all  offices  shall  be  limited  to  such  a  pe- 
riod of  time,  as  sound  policy  may  require,  and  incumbents  placed  be- 
fore the  constitutional  electors  to  stand  a  re-election. 

2nd,  Resolved)  That  no  property  qualification  shall  be  required  to 
exercise  the  right  of  suffrage  :  nor  shall  it  be  necessary  to  make  any 
person  eligible  to  office. 

3rd.  Resolved)  That  equality  arid  a  safe  protection  of  the  rights  of 
the  people  in  all  the  different  sections  of  the  State,  require  a  represen- 
tation based  upon  population  and  territory  combined. 

4th.  Resolved)  That  the  members  of  the  General  Assembly  shall  be 
elected  as  provided  for  in  the  present  Constitution,  and  shall  meet  once 
in  two  years. 

5th.  Resolved)  That  no  session  of  the  Legislature  shall  continue  lon- 
ger than  sixty  days. 

6th.  Resolved)  That  when  the  Legislature  shall  be  convened  by 
the  Governor,  upon  extraordinary  occasions,  their  deliberations  shall 
be  confined  exclusively  to  the  subjects  and  business  for  which  they 
were  convened,  and  no  other. 

7th.  Resolved)  That  each  county  in  the  State  shall  be  entitled  io 
elect  one  Representative  and  no  more. 

8th.  Resolved)  That  the  State  shall  be  laid  off  into  thirty  Senatori- 
al districts,  according  to  population;  and  the  districts  shall  elect  one 
Senator  each,  who  shall  be  a  citizen  of  the  district  for  which  he  is 
elected. 

9th.  Resolved)  That  the  compensation  of  the  members  of  the  Legis- 
lature (except  the  first  that  may  convene  under  the  new  Constitution) 


43 

shall  be  determined  at  the  session  preceding  the  one  tor  which  they 
are  elected,  and  shall  never  exceed dollars  per  diem. 

10th.  Resolved,  That  the  enumeration  of  the  qualified  voters  in  the 

State,  shall  be  taken  once  in  every years,  and  the  representation 

in  the  Senate  shall  be  apportioned  at  the  first  session  thereafter,  based 
upon  such  enumeration  ;  but  the  whole  number  of  Senators  never  to 
exceed  thirty. 

llth.  Resolved,  That  the  Governor  shall  be  elected  by  the  qual- 
ified voters  in  the  State,  and  exercise  such  powers  as  are  vested  by 
the  present  Constitution — and  that  his  compensation  shall  not  be  in- 
creased or  decreased  during  the  time  for  which  he  is  elected,  but  shall 
never  exceed hundred  dollars  per  annum. 

12th.  Resolved,  That  the  Governor  shall  not  be  eligible  more  than 
four  years  in  any  term  of  six. 

13th.  Resolved,  That  the  Judges  of  the  Supreme  Courts  (and  Chan- 
cellors, should  such  tribunals  be  established )  shall  be  elected  by  the 

Legislature,  in  joint  ballot,  for  a  period  of  time  not  exceeding 

years,  and  be  re-eligible  ;  whose  salaries  shall  never  exceed dol- 
lars per  annum. 

1 4th.  Resolved,  That  the  Judges  of  the  Circuit  courts  shall  be  elect- 
ed by  the  qualified  voters  of  the  respective  judicial  districts,  for  a  pe- 
riod of  time  not  exceeding years;  whose  salaries  shall  never  ex- 
ceed   dollars  per  annum. 

loth.  Resolved,  That  the  Clerks  of  the  Circuit  and  County 
Courts,  the  Sheriffs,  Coroners,  Entry  Takers,  Registers,  County  Trus- 
tees, Rangers  and  all  officers  having  the  care  of  public  monies,  includ- 
ing those  having  the  care  of  education  or  common  school  funds,  shall 
be  elected  by  the  qualified  voters  of  the  county — and  that  the  Clerks 
shall  hold  their  offices  four  years,  and  the  other  officers  herein  mention- 
ed two  years,  all  re-eligible. 

16th.  Resolved,  That  the  Justices  of  the  Peace  and  Constables, 
shall  be  elected  by  the  qualified  voters  of  the  respective  Captains' 
Companies;  the  Justices  for  four  years,  and  Constables  for  two  years, 
and  re-eligible;  but  the  office  to  be  vacated  by  removal  out  of  the 
bounds  of  the  company  for  which  they  are  elected. 

17th.  Resolved,  That  all  lands  shall  be  classed  in  three  or  more 
classes,  and  valued  by  the  owner  or  agent  according  to  classification, 
and  be  taxed  in  proportion  to  value,  reserving  to  the  Legislature  the 
power  to  provide  a  penalty  for  a  false  valuation. 

18th.  Resolved,  That  the  town  lots,  with  their  improvements,  and 
slaves  shall  be  valued  and  taxed  in  like  manner. 

19th.  Resolved,  That  all  Bank  stock,  Brokers  and  Exchange  offi- 
ces, whether  with  or  without  a  charter — capital  invested  in  large 
establishments  of  every  description,  when  in  active  operation — all  in- 
corporated companies  and  associations  having  exclusive  privileges  by 
law — and  all  active  capital,  including  money  at  interest,  shall  be  fit 
subjects  of  taxation. 


44 

$0th.  Resolved,  That  the  valuation  of  land  and  the  tax  levied  there- 
on shall  he  the  basis  by  which  all  other  taxation  shall  be  regulated. 

21st.  Resolved,  That  the  formality  of  presentment  and  indictment 
shall  be  dispensed  with  in  the  trial  for  assault  and  battery,  and  other 
minor  offences,  and  Justices  of  the  Peace  shall  have  power  to  hear  and 
determine  such  causes,  with  the  right  to  empannel  a  jury  to  try  facts. 

22nd.  Resolved,  That  no  free  man  shall  be  required  to  work  on 
roads  or  perform  military  duty,  until  he  is  entitled  to  exercise  the  right 
of  suffrage. 

23rd.  Resolved^  That  no  person  shall  hold  more  than  one  office  of 
profit  at  the  same  time. 

24th.  Resolved,  That  the  Legislature  be  restricted  from  the  exercise 
of  the  power  of  granting  divorces,  and  that  no  divorces  shall  be  made 
but  such  as  may  be  granted  by  the  judicial  tribunals  of  the  country. 

25th.  Resolved,  That  the  Legislature  shall  not  be  authorized  to 
grant  the  privilege  of  drawing  lotteries  of  any  kind,  orfor.any  pur- 
pose. 

Mr.  ROBERTSON,  the  following  : 

1st.  Resolved,  That  in  the  year  1840,  and  in  every  subsequent  term 
of  ten  years,  an  enumeration  of  the  inhabitants  of  the  State  shall  be 
made,  in  such  manner  as  shall  be  directed  by  law,  and  that  the  num- 
ber of  Representatives,  shall  at  the  several  periods  of  making  such 
enumeration,  be  fixed  by  the  Legislature,  and  apportioned  amongst  the 
different  counties  according  to  population,  in  such  proportion  that  no 
county  shall  have  more  than  two  Representatives,  nor  shall  more 
than  two  counties  be  put  together  to  form  a  district. 

2nd.  Resolved,  That  until  the  year  1840,  the  number  of  Represen- 
tatives shall  not  exceed .  sixty  two  ;  and  after  that  period  may  be  in- 
creased to  seventy-five,  and  apportioned  amongst  the  several  counties 
in  the  same  ratio  as  heretofore  mentioned. 

3rd.  Resolved,  That  the  number  of  Senators  shall  at  the  several  pe- 
riods of  making  the  enumeration  before  mentioned,  be  fixed  by  the 
Legislature,  and  apportioned  amongst  the  different  counties  according 
to  their  population,  and  shall  never  be  less  than  one  third,  nor  -  more 
than  two  fifths  of  the  number  of  Representatives;  the  Senators  to  be 
chosen  by  districts,  to  be  formed  by  the  Legislature,  each  district  to 
contain  such  a  number  of  inhabitants  as  shall  be  entitled  to  elect  not 
more  than  two  Senators,  and  when  a  district  shall  be  composed  of  two 
or  more  counties,  they  shall  be  adjoining,  and  no  county  shall  be  di- 
vided in  forming  a  district. 

Mr.  HUNTSMAN,  the  following: 

Resolved,  That  any  arrangement  made  by  the  Treasurer  of  West 
Tennessee,  with  any  or  either  of  the  Banks,  for  as  much  money  as 
may  be  indispensable  for  defraying  the  expenses  of  this  Convention, 
under  a  resolution  adopted  on  the  24th  day  of  May,  1834,  be  consider- 
ed as  obligatory  upon  the  State,  to  repay  said  sums  out  of  the  ordinary 
revenue  of  the  State  as  soon  as  received,  with  common  interest  there- 
upon • 


45 

Mr.  HUNTSMAN  moved  a  suspension  of  the  rule  requiring  said  reso- 
lution to  lay  on  the  table  one  day: 

Mr.  KIMBROUGH  moved  that  it  be  ordered  to  the  table,  which  pre- 
vailed. 

Mr.  J.  A.  M'KINNEY,  the  following: 

Resolved,  That  it  is  inexpedient  to  fix  the  Seat  of  Government  by 
the  Constitution,  it  being  the  proper  business  of  the  Legislature  to  fix 
the  Seat  of  Government. 

Mr.  KIMBROUCH,  the  following: 

Resolved,  That  no  other  amendment  should  be  made  to  the  2nd  sec- 
tion of  the  1st  article,  but  the  insertion  of  the  utermof  ten  years"  in 
the  place  of  the  "term  of  seven  years." 

Mr.  FOGG'S  resolution  of  yesterday,  providing  that  not  more  than  one 
hour,  in  each  day,  should  be  devoted  to  the  subject  of  resolutions,  was 
on  his  motion  taken  up,  read  and  adopted. 

Mr.   FULTON  submitted  the  following  : 

Resolved,  That  provision  be  made  in  the  Constitution,  that  the  pres- 
ent Judges  of  the  Supreme  Court,  Chancellors  and  Judges  of  the  Cir- 
cuit Courts,  shall  remain  in  office  until  the  termination  of  the  sess/on 
of  the  first  Legislature  elected  under  this  Constitution,  and  no  longer. 

Mr.  KINCANNON,  the  following  : 

Resolved^  That  the  Secretary  of  State  be  directed  to  report  to  this 
Convention,  as  nearly  as  practicable,  the  true  geographical  centre  of 
this  State,  according  to  the  boundaries  as  at  present  claimed,  having; 
no  regard  to  population. 

On  motion  of  Mr.  BURTON,  it  was  ordered,  that  all  resolutions  pro- 
posing amendments  or  alterations  to  the  existing  Constitution,  submit- 
ted previous  to  this  day,  be  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  ALLEN,  the  Convention  resolved  itself  into  Com- 
mittee of  the  Whole,  on  the  Constitution,  Mr.  Cannon  in  the  Chair- 
and  after  some  time  spent  in  the  consideration  thereof,  the  Commit, 
tee  rose,  reported  progress,  and  asked  and  obtained  leave  to  sit  again- 

Mr.  HUNTSMAN,  from  the  Committee  to  whom  was  referred  the  Me- 
morial of  Col.  Edward  Ward,  contesting  the  election  of  Adam  R.  Al^ 
exander,  Esq.,  the  delegate  from  the  county  of  Shelby,  reported,  that 
the  Committee  have  had  the  same  under  consideration,  and  had  instruct* 
ed  him  to  report  in  part  the  following  : 

"That  upon  an  inspection  of  the  testimony  submitted  by  both  of  the 
gentlemen,  your  committee  were  of  opinion,  that  it  did  not  come  with- 
in the  rules  of  testimony,  and  could  not  be  received  by  them,  as  such, 
unless  the  parties  would  agree  to  waive  all  irregularities  and  legal  ex- 
ceptions, and  submit  it  for  the  action  of  the  committee  as  legal  evi- 
dence, and  to  be  so  considered  by  them.  With  this  view  several 
communications  between  those  gentlemen  and  the  committee  were  had, 
and  several  personal  conferences  also;  your  committee  were  favoured 
by  the  arguments  of  Counsel  upon  all  the  law  points,  and  these  having 
been  settled,  nothing  but  the  facts  remains  to  be  investigated. — 
Both  of  the  gentlemen  claiming  the  seat,  have  manifested  most  strong- 


46 

iy  a  disposition  to  have  this  controversy  adjusted  in  a  fair,  open  and 
strictly  honorable  manner,  and  have  exercised  the  most  friendly  de- 
portment towards  each  other  ;  they  have  therefore  relieved  the  com- 
mittee and  the  Convention  from  much  embarrassment,  by  an  amicable 
arrangement  between  themselves,  that  such  testimony  as  has  been  taken 
by  notice  or  by  list  interchanged  and  furnished  to  each  other,  shall  be 
considered  by  the  committee  as  legal:  for  such  portions  of  the  evidence 
as  have  been  taken  by  either  party  talready,  and  in  relation  to  which  no 
lists  have  been  furnished  the  other,  that  rebutting  testimony  may  also 
be  taken,  and  that  either  shall  be  at  liberty  to  take  additional  testimo- 
ny at  any  time,  so  that  it  can  be  returned  by  Friday  17th  June  in 
order  thereby  to  dispose  of  the  controversy  finally. 

"Your  committee  have  been  assured,  by  the  before  mentioned  gen- 
tlemen, that  it  would  be  a  source  of  mortification  to  them,  to  find  it  ne- 
cessary, for  the  attainment  of  justice,  to  cause  the  attendance  of  wit- 
nesses to  give  testimony  in  this  behalf;  yet,  as  the  interest  of  Shelby 
county  is  deeply  interested  in  the  question,  they  must  ask  of  your 
honorable  body,  through  the  committee,  for  the  power  to  send  for  per- 
sons and  papers,  and  for  such  process  as  will  compel  the  attendance 
of  witnesses,  under  such  pains  and  penalties  as  you  may  prescribe. 

Your  committee  therefore  recommend  the  adoption  of  the  following 
resolutions. 

"1st.  Resolved,  That  commissions  to  take  depositions  and  subpoenas 
for  witnesses  be  granted  to  either  party,  to  take  depositions  before  any 
Justice  of  the  Peace  for  Shelby  county,  either  with  or  without  notice, 
as  the  parties  may  agree  upon;  which  shall  be  read  as  evidence  before 
the  committee. 

"•2nd.  Resolved.,  Thatif  any  witness  or  witnesses  shall  fail  or  refuse 
to  attend,  for  the  purpose  of  giving  testimony, when  legally  summoned 
in  this  behalf,  he,  she  or  they,  shall  be  subject  to  all  the  pains  and 
.penalties  that  witnesses  are  liable  to,  who  are  summoned  in  the  Circuit 
courts  of  this  State,  and  who  refuse  to  attend." 

On  motion  of  Mr.  BURTON,  the  foregoing  report  was  ordered  to  the 
stable. 

On  motion  of  Mr  RoADMAN,the  Convention  again  resolved  itself  in- 
3o  a 'Committee  of  the  Whole,  Mr.  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  several  resolutions  proposing  amendments  there- 
to, and  after  some  time  spent  in  the  consideration  thereof,  the  Com- 
mittee rose,  reported  progress,  and  asked  and  obtained  leave  to  sit 
again. 

Mr.  CHILDRESS  moved,  that  the  resolution  submitted  by  him  on 
yesterday,  requiring  the  Convention,  when  in  Committee  of  the  Whole, 
to  take  up  the  Constitution,  article  by  article,  and  section  by  section, 
and  to  make  their  propositions  to  amend  without  debate,  and  referring 
the  said  amendments  to  committees,  be  taken  up  and  considered,  which 
prevailing,  the  said  resolution  was  thereupon  taken  up,  read,  and  re- 
jected. 

On  motion  of  Mr  CANNON,  the  resolution  submitted  by  him  on  yes- 


. 
47 

terday,  requiring  propositions  to  amend  or  change  the  present  Consti- 
tution, to  be  read  three  times,  on  three  different  days,  and  to  be  sus- 
tained upon  each  reading,  by  a  majority  of  the  members  present,  be- 
fore its  adoption  ;  was  taken  up  and  read;  and  after  some  discussion 
thereon, 

Mr.  WEBSTER  moved  to  lay  it  on  the  table,  which  motion  being  lost, 
the  question  was  submitted,  "will  the  Convention  adopt  the  resolu- 
tion?" and  determined  in  the  affirmative. 

The  President  presented  sundry  memorials  on  the  subject  of  eman- 
cipation, which  were  severally  read  and  ordered  to  the  table* 

Mr.  JOHN  A.  M'KINNEY  submitted  the  following: 

Resolved,  That  a  committee  of  three  be  appointed  to  inquire  and  re- 
port to  this  Convention,  the  number  of  Journals  that  ought  to  be  print- 
ed for  distribution;  and  also,  whether  the  Journals  ordered  to  be  print- 
ed for  the  use  of  the  members,  adopted  on  the  27th  inst.  can  be  struck 
off  at  the  same  time  with  the  Journals  for  distribution  :  and  until  such 
committee  make  a  report  and  the  same  is  acted  upon  by  this  Conven- 
tion, that  the  resolution  of  the  27th  may  be  suspended  and  no  further 
expense  be  incurred. 

And  the  ride  being  suspended,  on  motion  of  Mr  JOHN  A.  M'KINNEY, 
the  resolution  was  adopted. 

The  President  appointed  Mr  J.  A.  M'Kinney,  Mr  Kincaid  and  Mr 
Hess  the  said  committee. 

Mr.  CAHAL  renewed  the  motion,  heretofore  made  by  him,  to  take 
up  and  refer  the  several  memorials  in  relation  to  new  counties,  to  the 
committee  on  Propositions  and  Grievances:  and  after  some  discussion 
thereon,  Mr  Cahal  withdrew  his  motion. 

Mr.  WALTON  submitted  the  following: 

Resolved,  That  five  members  be  appointed  a  committee  to  draft  the 
form  of  the  new  Constitution,  and  bring  the  same  before  the  Conven- 
tion, for  discussion  or  alteration,  as  the  Convention  may  think  proper. 

On  motion  of  Mr  Webster,  the  lesolution  submitted  by  Mr.  Greene, 
on  Friday  last,  proposing  to  increase  the  committee  on  Propositions 
and  Grievances  to  the  number  of  thirteen,  was  taken  up  and  read;  in, 
lieu  of  which, 

Mr.  HUNTSMAN,  submitted  the  following  : 

Resolved  That  all  the  petitions  and  memorials  upon  the  subject  of 
new  counties,or  changing  the  county  lines,be  referred  to  the  Committee 
of  the  Whole;  to  be  dealt  with  under  the  rule  for  taking  up  the  Con- 
stitution, article  by  article,  and  section  by  section. 

And  after  some  discussion  thereon,  the  said  resolution  and  amend- 
ment were,  on  motion  of  Mr  Mabry,  ordered  to  the  table. 

Mr  JOHN  A.  M'KINNEY  asked  to  be  discharged  from  the  committee 
appointed  to  inquire  and  report  to  the  Convention  the  number  of  Jour- 
nals that  should  be  printed  for  distribution,  and  for  other  purposes;  and 
his  request  being  granted,  he  moved  that  Mr.  Fogg  be  added  to  said 
Committee,  which  prevailed. 

And  therepon  the  Convention   adjourned. 


THURSDAY,  MAY   29,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
tvith  prayer,  by  the  Rev.  Mr.  Edgar,  of  the  Presbyterian  church. 

Mr.  ROBERT  J.  M'KINNEY  presented  a  memorial  from  sundry  citizens 
of  Greene  county,  on  the  subject  of  emancipation;  which  was  read, 
and,  on  his  motion,  ordered  to  the  table. 

Mr.  M'GAUGHEY  presented  the  memorial  of  three  hundred  and 
forty  seven  citizens  of  Greene  county,  on  the  subject  of  emancipation; 
which  was  read,  and  on  his  motion,  ordered  to  the  table. 

Mr.  ALLEN  presented  a  memorial  of  sundry  citizens  of  Warren, 
Wilson  and  Smith  counties,  in  relation  to  new  counties  ;  which  was 
read,  and,  on  his  motion,  ordered  to  the  table. 

Mr  FULTON  presented  a  memorial  of  sundry  citizens  of  Lincoln 
county,  on  the  subject  of  slavery;  which  was  read  and  ordered  to  the 
table." 

Mr  HUNTSMAN  moved,  that  his  report  made  on  yesterday,  be  recom- 
mitted to  the  committee  on  Privileges  and  Elections;  which  was  agreed 
to,  and  said  report  was  accordingly  recommitted  to  the  said  committee. 

Mr.  FOGG,  from  the  select  committee  appointed  to  inquire  and  re- 
port what  number  of  Journals  should  be  printed  for  distribution,  &c. 
made  the  following  report,  to  wit: 

"The  committee  to  whom  was  referred  the  subject  of  printing,  by 
the  resolution  of  the  23th  instant,  beg  leave  to  report,  that  they  have 
had  the  subject  under  consideration  and  made  the  necessary  inquiries, 
and  are  of  opinion  that  not  less  than  six  thousand  copies  of  the  Jour- 
nals of  the  Convention  ought  to  be  printed,  for  distribution  among  the 
people.  The  committee  are  further  of  opinion  from  the  estimates  fur- 
nished, which  are  herewith  submitted,  that  the  daily  expense  of  print- 
ing the  Journals  for  the  use  of  the  members  will  not  exceed  five  dollars 
a  day,  to  which  is  to  be  added  the  expense  of  copying  the  Journals 
for  the  printer.  The  committee  believe  that  it  would  be  saving  time 
and  expense  to  have  the  Journals  daily  printed,  according  to  the  esti- 
mates submitted,  as  it  will  tend  to  shorten  the  Session,  by  bringing 
the  subjects  before  the  members  from  day  to  day;  they  therefore  recom- 
mend the  adoption  of  the  following  resolutions: 

"Resolved,  That  six  thousand  copies  of  the  Journals  of  the  Conven- 
tion be  printed  for  distribution. 

"Resolved,  That  the  resolution  of  the  27th  inst.  be  carried  into  ef- 
fect, and  that  the  Journals  be  printed  for  the  use  of  the  members,  as  in 
that  resolution  is  contemplated,  according  to  the  estimates  as  furnished 
by  the  printers.  F.  B.  FOGG,  Chairman 

of  the  Committee." 

Which  said  report  was  concurred  in. 

Mr.  LEDBETTER  submitted  the  following: 

Resolved,  That  a  committee  of  members  be  appointed,  to  as- 
certain and  report  to  this  Convention,  the  amount  of  the  common 
school  funds  belonging  to  the  State,  in  what  the  same  consists,  whence 


49 

derived,  and  how  vested,  and  in  what  manner  the  same  has  been  se- 
cured ;  and  also  that  they  ascertain  and  report  the  best  method  of  se- 
curing the  same,  so  that  it  may  not  become  subject  to  diminution;  and 
what  constitutional  provision  is  necessary  to  be  made,  in  order  to  se- 
cure the  same  for  the  use  of  common  schools  forever. 

And  the  following: 

Resolved,  That  the  1st  section  of  the  second  article  of  the  existing 
Constitution  be  amended,  so  as  to  read  as  follows,  "the  Supreme  Ex- 
ecutive Power  of  this  State,  shall  be  vested  in  a  Governor  and  Lieu- 
tenant Governor." 

The  PRESIDENT  presented  a  communication  from  Samuel  G.  Smith, 
Secretary  of  State,  in  obedience  to  Mr  JOHN  A.  M'KINNEY'S  resolution 
of  the  21st  instant,  which  was  read,  and  on  motion  of  Mr  Cannon,  or- 
dered to  the  table,  and  that  sixty  copies  be  printed  for  the  use  of  the 
Convention: 

Which  communication  is  as  follows: 

SECRETARY'S  OFFICE,  ) 

Nashville,  May  28,  1834.  \ 

To  the  Honorable  Convention  nowinsession  to  revise  the  Constitu- 
tion of  the  State  of  Tennessee. 

In  obedience  to  your  resolution  of  the  21st  instant;  which  requires 
the  Secretary  of  State  to  communicate  "the  number   of  persons   who 
have  been  appointed  to  civil  offices  of  trust  and  profit  by  the  Legisla- 
ture of  this  State,  from  persons  who  were  elected  members  of  the  Le- 
f'slature,  during  the  period  for  which  such  persons  were  so   elected," 
have  the  honor  to  report  the  following  as  embraced  in  the  inquiry: 
Two  Judges  of  the  Supreme  Court  of  Errors  and  Appeals. 
One  Judge  of  District  Superior  Court. 
One  Chancellor. 
Four  Attorneys  General. 
One  Register  of  the  Hiwassee  District. 
Two  Surveyors  General. 
One  County  Surveyor. 

Two  Commissioners  to  superintend  Hiwrassee  land  sales. 
One  Treasurer. 

One  Commissioner  for  the  adjudication  of  land  claims. 
One  Commissioner  of  turnpike  roads. 
Two  Commissioners  to  settle  the  boundary  of  the  State. 
Respectfully  submitted, 

SAM  G.  SMITH. 
Mr.  GREENE  submitted  the  following: 

ARTICLE   2. 

AMENDMENT  1.  Section  3.  That  the  Governor  shall  have  been  a 
citizen  or  inhabitant  of  the  State  at  least  seven  years  next  before  his 
election,  unless  he  shall  have  been  absent  on  the  public  business  of 
the  United  States  or  of  the  State,  and  shall  be  at  least  thirty-five 
years  of  age. 


50 

2.  Sec.  4,  He  shall  not  be  eligible  to  serve  in  the  office  of  Gover- 
nor more  than  four  out  of  any  six  years. 

3.  Sec.  6.  He  shall  have  power  to  grant  reprieves  and  pardons  after 
conviction,  except  in  case  of  impeachments,  and  of  murder  in  the  first 
degree.     He  shall  have  power  to  suspend  the  execution  in  the  latter 
case,  until  the  meeting  of  the  next   General   Assembly,  before  whom 
all  the  circumstances  of  the  case  shall  be  laid,  and  who  alone  shall  ex- 
ercise the  power  of  reprieving  or  pardoning  the  offender. 

4.  Sec.  12.  Incase  of  his  death  or  resignation,  or  removal  from  of- 
fice, the  Speaker  of  the  Senate  shall  exercise  the  office   of  Gover- 
nor; and,  in   case   of  his   death,  resignation,  removal  or   refusal  to 
act,  the  Speaker  of  the   House  of  Representatives  shall   exercise  the 
office  of  Governor;  and,  in  case  of  his  refusal  to  act,  death,  resignation 
or  removal  from  office,  the  Secretary  of  State  shall  exercise  the  duties 
of  that  office,  until  another  Governor  shall  be  elected  and  qualified. 

5.  Sec.   17.  The  Secretary  of  State  shall  not  hold  his  office  for  a  long- 
er term  than  four  out  of  any  six  years. 

ARTICLE  3. 

AMENDMENT  6.  Sec.  1.  Every  free  white  man  of  the  age  of  twen- 
ty one  years  and  upwards,  being  an  inhabitant  of  the  county  in  which 
he  may  offer  to  vote,  six  months  immediately  preceding  the  day  of  elec- 
tion, shall  be  entitled  to  vote  for  members  of  the  General  Assembly, 
for  the  county  in  which  he  shall  reside. 

7.  Sec.  3.  All  the  elections  shall  be  viva  voce. 

ARTICLE  5. 

AMENDMENT  8.  Sec.  2.  The  Judges  of  the  Circuit  and  Chancery 
courts,  and  the  Attorneys  for  the  State,  shall  be  elected  by  the  joint 
vote  of  both  Houses  of  the  General  Assembly,  for  a  term  not  exceed- 
ing six  years,  and  be  eligible  to  re-election,  ( except  legally  disqualified. ) 
But  no  individual  shall  be  eligible  to  the  office  of  Judge,  until  he  shall 
have  arrived  to  the  age  of  thirty  five;  nor  shall  he  continue  to  hold  that 
office  beyond  sixty  years  of  age,  Judges  may  be  removed  from  office 
by  the  concurrent  vote  of  both  Houses  of  the  General  Assembly- 
party  being  supplied  with  reasonable  notice,  and  a  copy  of  the  alleged 
misdemeanors,  which  shall  be  spread  upon  the  journals  of  each  House 
of  the  General  Assembly. 

9.  Sec.  10.  County  and  Circuit  court  clerks  shall  be  elected  by  the 
freemen  of  the  respective  counties  for  the  term  of  four  years. 

10.  Sec.  12.  The  qualified  voters  in  each  Captain's  company  in  the 
respective  counties,  shall  elect  two  Justices  of  the  Peace,  and  one  con- 
stable for  their  company  ;  the  Justices  for  four  and  the  Constables  for 
two  years  :  but  removing  from  the  company  shall  vacate  their  respec- 
tive 5ffices, 

ARTICLE  6. 

AMENDMENT  11.  Sec.  1.  The  qualified  voters  in  each  county  in  this 
State,  shall  on  a  day  to  be  fixed  by  law,differeht  from  the  day  on  which 
the  general  State  elections  are  held,  elect  one  Sheriff,  one  Coroner,  one 
Trustee,  one  Register  and  a  Ranger,  for  their  county,  which  elections 


51 

dhall  be  held  biennially — but  neither  of  the  above  named  county  offi- 
cers, shall  hold  their  respective  offices  more  than  four  out  of  any  term 
of  six  years. 

ARTICLE  10. 

AMENDMENT  12.  Sec.  3.  All  future  amendments  to  the  Constitu- 
tion shall  be  made,  on  the  recommendation  of  two  thirds  of  the  Gen- 
eral Assembly  on  joint  vote,  plainly  specifying  the  amendment  pro- 
posed, and  it  shall  be  the  duty  of  the  freemen  throughout  the  State,  at 
the  next  election  for  members  to  the  General  Assembly,  to  vote  for 
or  against  the  proposed  amendment,  and  if  it  shall  appear,  that  a  major- 
ity of  all  the  voters  for  members  to  the  General  Assembly  have  voted 
for  the  proposed  amendment,  on  the  concurrence  of  two  thirds  of  the 
General  Assembly  thereafter  next  convened,  it  shall  be  adopted  as 
part  of  the  Constitution  of  this  State. 

Mr  SHARP,  the  following: 

1st.  Resolved,  That  the  Constitution  should  be  so  amended  as  to 
establish  the  Courts  of  the  country  in  such  a  manner  as  not  to  be  sub- 
ject to  as  many  changes  as  heretofore;  that  County  Courts  should 
be  confined  exclusively  in  their  jurisdiction  to  the  transaction  of  coun- 
ty business;  and  that  all  matters  of  fact,  requiring  the  intervention  of 
a  jury,  should  be  tried  in  the  Circuit  Court. 

2nd.  Resolved,  That  this  Convention  will  inquire  into  the  expedi- 
ency of  providing  in  the  Constitution,  for  giving  to  single  Magistrates 
jurisdiction  of  all  sums  due  by  note  of  hand  or  liquidated  account,  to 
the  amount  of  five  hundred  dollars. 

3rd.  Resolved,  That  stays  of  execution  should  be  equal  as  to  time 
on  all  sums,  without  regard  to  amount. 

4th.  Resolved,  That  justices  of  the  peace  should  have  jurisdiction 
of  affrays,  riots,  and  assaults  and  batteries,  without  the  intervention 
of  a  grand  jury. 

Mr.  HODG>IS,  the  following: 

Resolved,  That  the  Constitution  be  so  amended,  as  to  provide  that 
but  one  justice  of  the  Peace  be  appointed  in  each  Captain's  company, 
except  the  company  including  the  court  house  or  county  town,  which 
shall  have  two,  to  be  elected  by  the  qualified  voters  of  their  respec- 
tive companies,  requiring  at  least  two  thirds  of  the  voters  in  each  com- 
pany to  vote,  a  majority  of  which  two  thirds  shall  be  necessary  to 
an  election,  and  the  returns  be  made  to  the  Governor,  who  shall  issue 
their  commissions  accordingly  :  to  serve  for  four  years,  and  that  their 
office  be  vacated  by  a  removal  oat  of  the  company,  for  which  they 
have  been  elected,  and  they  shall  bo  paid  for  services  amply. 

And  Mr  FULTON,  the  following: 

Resolved,  That  it  is  a  great  truth,  on  which  all  free  institutions  rest, 
and  that  which  may  be  considered  the  primary  postulate  in  the  science 
of  government,  that  all  men  are  originally  and  by  nature  equally  free; 
that  when  a  community  of  men  unite  to  form  a  government,  this  origi- 
nality of  rights  resolves  itself  into  an  equality  ol  right  in  the  fbrinatitti 
of  the  government;  that  the  e^enih!  charade;-  ortlm  ri;-;'it  involv: 


52 

the  necessity  of  a  submission  by  the  minority  to  the  majority  :  that  in 
order  to  give  the  right  of  the  majority  its  full  effect,  in  the  proposed 
amended  model  of  the  government,  the  Senators  and  Representatives 
be  apportioned  among  the  several  counties,  according  to  the  number  of 
free  white  inhabitants  in  each,  so  that  every  Senator  and  Representa- 
tive shall  represent  in  their  respective  Houses,  as  nearly  as  may  be, 
equal  portions  of  the  free  white  population  of  this  State,  or  equal 
portions  of  those  to  whom  the  majority  of  the  community,  in  its  fun- 
damental law,  has  intrusted  the  exercise  of  the  right  of  suffrage. 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole 
Mr  Cannon  in  the  Chair,  on  the  existing  Constitution,  and  the  various 
resolutions  proposing  amendments  thereto:  and  after  some  time  spent 
in  the  consideration  thereof,  the  Committee  rose,  reported  progress, 
and  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr  HUNTSMAN,  the  resolution  of  yesterday,  making  it 
the  duty  of  the  Treasurer  of  Middle  Tennessee,  to  pay  such  sums  of 
money  (out  of  the  ordinary  revenue  when  received)  as  he  may  bor- 
row under  the  provisions  of  the  resolution  adopted  on  the  24th  inst., 
was  taken  up  and  read, 

And  on  motion  of  Mr  STEPHENSON, 

It  was  ordered  that  the  words  "not  more  than  six  per  cent"  be  in- 
serted in  said  resolution,  after  the  words  "received,  with." 

The  said  resolution  was  thereupon  read  as  amended,  and  adopted. 

Mr.  KINCANNON'S  resolution  of  yesterday,  directory  to  the  Secreta- 
ry of  State,  was  on  his  motion,  taken  up,  read  and  adopted. 

On  motion  of  Mr  M'CLELLAN,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  exist- 
ing Constitution  and  the  various  resolutions  proposing  amendments 
thereto  ;  and  after  some  time  spent  in  consideration  thereof,  the  Com- 
mittee rose,  reported  progress,  and  asked  and  obtained  leave  to  sit 
again. 

And  thereupon  the  Convention  adjourned. 

FRIDAY,  MAY  30,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Edgar  of  the  Presbyterian  Church. 

Mr.  BRADSHAW  presented  a  memorial  of  sundry  citizens  of  Jef- 
ferson county,  on  the  subject  of  emancipation: 

Mr.  KINCAID  presented  several  memorials  from  the  citizens  of  Bed- 
ford county,  on  the  same  subject: 

Which  were  severally  read  and  ordered  to  the  table. 

Mr  HUNTSMAN,  from  the  Committee  on  Privileges  and  Elections, 
to  whom  was  recommitted  the  report  made  by  them  on  yesterday,  in 
relation  to  the  memorial  of  Col.  Edward  Ward, contesting  the  election 
of  Adam  R.  Alexander,  Esq.,  the  delegate  from  the  county  of  Shelby, 
reported  thai  the  committee  have  again  had  the  subject  matter  under 
consideration,  and  have  instructed  him  to  make  the  following 


53 

REPORT : 

"That  an  amicable  arrangement  and  agreement  in  writing,  has  been 
signed  by  the  parties,  not  only  as  relates  to  the  admissibility  of  excep- 
tionable testimony,  but  as  relates  to  their  future  operations  in  taking 
testimony  preparatory  to  the  final  determination  of  the  controversy; 
which  agreement  will  supercede  the  necessity  of  employing  a  Sergeant- 
at-Arms  for  this  purpose,  and  also  the  issuing  of  any  process  by  order 
of  this  Convention,  and  which  agreement  before  mentioned  accompa- 
nies this  report.  Your  committee,  therefore,  recommend  that  the  re- 
port and  documents  pertaining  to  said  contested  election  be  laid  upon 
the  table,  until  the  time  stipulated  by  the  parties  (the  17th  of  June 
next, )  for  the  settlement  of  the  controversy.  All  of  which  is  respect- 
fully submitted." 

The  said  report  was  concurred  with. 

Mr  CANNON  submitted  the  following  : 

1st.  Resolved,  That  it  is  expedient,  and  the  public  interest  of  the 
State  requires  this  Convention  to  fix  upon  and  establish  permanently, 
the  Seat  of  Government. 

2nd.  Resolved,  That  the  principles  of  equality  and  justice,  as  well 
as  a  just  and  strict  regard  to  the  rights  of  the  people  in  every  pait  of 
the  State  :  also  the  public  interest,  and  most  convenient  mode  for  the 
transaction  of  the  great  business  of  the  State,  requires  that  the  Seat 
of  Government  should  be  established  in  the  centre  of  the  chartered  or 
Territorial  limits  of  the  State,  or  the  nearest  eligible  situation  of  the 
same. 

Mr  STEPHENSON,  the  following  : 

Resolved,  That  a  Committee  of  thirteen,  one  from  each  Congress- 
ional district,  be  appointed  to  take  into  consideration  the  propriety  of 
designating  some  period  from  which  slavery  shall  not  be  tolerated  in 
this  State  ;  and  that  all  memorials  on  that  subject,  that  have  or  may 
be  presented  to  the  Convention,  be  referred  to  said  committee,  to  con- 
sider and  report  thereon. 

Mr  MABRY,  the  following: 

1st  Resolved,  That  the  people  have  the  right. to  elect  all  their  of- 
ficeis,  and  that  sai  I  elections  should  be  viva  voce. 

2nd.  Resolved,  That  the  services  of  no  man  should  be  required, to 
muster,  nor  to  work  on  roads,  under  the  age  at  which  he  is  permitted 
to  exercise  the  privilege  of  voting  for  all  officers  by  whom  he  is  to  be 
governed. 

3rd,  Resolved,  That  the  Governor  should  be  elected  for  two  years, 
and  be  eligible  for  four  out  of  six  years. 

4th.  Resolved,  That  the  members  of  the  General  Assembly  should 
be  elected  for  two  years,  and  no  session  to  last  longer  than  thirty  days; 
the  Governor  to  have  the  right  to  convene  the  Legislature,  on  particu- 
lar occasions  and  for  special  purposes,  for  a  term  not  exceeding  twenty 
days. 

5th.  Resolved,  That  no   member  of  the  Legislature  should  be  eli- 


54 

gible  for  any  office  in  the  gift  of  the  Legislature,  for  or  during  the 
term  of  two  years  for  which  he  was  elected,  nor  for  any  office  created 
at  a  session  of  which  he  was  a  member. 

6th.  Resolved,  That  there  should  not  be  more  than  three  Supreme 
Judges,  to  be  elected  once  in  six  years  :  the  number  of  Circuit  Judges 
to  be  reduced,  and  elected  once  in  four  years. 

7th.  Resolved,  That  the  Secretary  of  State  be  elected  once  in  four 
years,  by  the  qualified  voters  of  the  State  :  that  Attorneys  General 
be  elected  once  in  four  years,  by  the  qualified  voters  of  their  several 
districts:  that  Sheriffs,  Coroners,  Rangers  and  County  Trustees  be 
elected  once  in  two  years,  by  the  qualified  voters  of  the  respective 
counties:  and  that  Clerks  be  elected  by  the  qualified  voters  of  the  re- 
spective counties:  that  Justices  of  the  Peace  be  elected  once  in  three 
years,  and  Constables  once  in  two  years,  by  the  qualified  voters  of 
their  respective  companies  or  districts. 

8th  Resolved,  That  all  lands,  town  lots,  and  other  property  subject 
to  taxation,  should  be  classed  and  taxed  according  to  value. 

9th.  Resolved,  That  no  free  man  should  pay  a  poll  tax,  nor  be  com- 
pelled to  work  on  roads,  without  receiving  a  compensation  for  work- 
ing on  the  same. 

10th.  Resolved,  That  all  the  Militia  officers  of  this  State,  shall  be 
elected  by  those  citizens  residing  in  their  different  or  respective  Di- 
visions, Brigades  or  Regiments  and  Companies. 

llth.  Resolved,  That  the  power  of  granting  Divorces  should  be 
taken  from  the  Legislature,  and  be  given  to  the  Courts  of  Justice. 

12th.  Resolved,  That  all  elections  should  be  free  and  equal,  and  no 
freehold  should  be  required  to  qualify  a  voter  to  vote. 

13th.  Resolved,  That  drunkenness  shall  be  a  sufficient  cause  of  dis- 
qualification, and  shall  disqualify  any  person  from  holding  any  office  of 
honor  or  profit  in  this  State. 

14th.  Resolved,  That  all  incorporations  in  a  free  government  are 
dangerous  to  .the  liberties  of  the  people. 

Mr  BURTON,  the  following: 

Resolved,  That  numbers  of  the  Register  of  the  Proceedings 

and  Debates  of  this  Convention,  be  furnished  every  week  to  each  mem- 
ber of  the  Convention,  as  the  best  means  of  affording  to  their  respec- 
tive constituents  information  upon  the  deliberations  of  this  assembly  : 
And  the  rule  being  suspended  on  motion  of  Mr  Burton — Mr  Cannon 
muved  to  amend  by  striking  out  the  word  "debates" — Mr  John  A.  M'- 
Kinney  moved  to  lay  the  resolution  upon  the  table,  but  withdrew  his 
motion  at  the  request  of  Mr  Allen;  and  after  some  debate  thereon  Mr 
Burton  renewed  the  motion  to  lay  it  upon  the  table,  which  prevailed. 

Mr  ALJ^ESJ  thereupon  moved  a  reconsideration  of  the  vote  ordering 
the  resolution  to  the  table;  which  motion  failed. 

On  motion  of  Mr  STEPHEN-SON  tho  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred,  pro- 
posing amendments  thereto;  and  after  some  time  ?nent  in  consideration 


65 

thereof,  the  Committee  rose,  reported  progress,  and  asked  and  obtain- 
ed leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 

SATURDAY,  MAY  31,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  Mr  Edgar  of  the  Presbyterian  Church. 

Mr.  GREENE  presented  a  memorial  of  sundry  citizens  of  Monroe 
and  Roane  counties  on  the  subject  of  a  new  county;  which  was  read 
and  ordered  to  the  table. 

Mr  KINCANNON  submitted  the  following : 

Whereas  the  23rd  section  of  the  Bill  of  Rights  declares,  "that  per- 
petuities and  monopolies  are  contrary  to  the  genius  of  a  free  state,  and 
shall  not  be  allowed":  Therefore, 

Resolved,  That  no  Legislature  hereafter  to  convene  under  the  au- 
thority of  this  Constitution,  shall  have  power  to  grant  any  charter  con- 
ferring any  banking  privilege,  unless  the  whole  capital  stock  of  the 
same  shall  be  taken  and  owned  exclusively  and  entirely  by  the  State. 

Mr  HUNTSMAN,  the  following  : 

Resolved,  That  one  of  the  three  following  bases  of  Representation 
be  adopted, as  a  compromise  between  the  conflicting  interests  and  opin- 
ions which  exist  in  the  different  geographical  sections  of  this  State. 

BASIS  THE  FIRST. — Each  county  in  the  State  shall  have  one  Repre- 
sentative, and  if  any  county  has  now,  or  hereafter  may  have  two  thou- 
sand five  hundred  or  three  thousand  free  white  taxable  inhabitants,  said 
county  shall  have  two  Representatives  and  no  more,  and  the  Repre- 
sentative branch  shall  never  exceed  ninety  nine: 

But  as  an  equivalent  for  the  advantage  given  by  this  basis  to  the 
small  counties,  the  Senate  shall  be  organized  upon  the  compound  bases 
of  population  and  taxation  combined,  in  such  a  manner  as  to  prevent 
unreasonable  taxation  by  the  democratic  branch  of  the  Legislature, 
where  all  money  bills  originate,  the  Senatorial  branch  shall  never  ex- 
ceed thirty  three  in  number. 

If  the  first  basis  should  be  unacceptable,  then  the  second  is  pro- 
posed, to  be  based  upon  the  following  principles. 

BASIS  THE  SECOND. — It  is  proposed  to  give  in  the  Representative 
branch  one  member  to  each  county  in  the  State,  and  when  any  county 
now  has,  or  hereafter  may  have  two  thousand  five  hundred  or  three 
thousand  free  white  taxable  inhabitants,  or  whatever  number  may  be 
agreed  upon,  that  said  county  shall  have  two  Representives  and  no 
more. 

But  as  an  equivalent  to  the  Senate  for  the  advantage  give/i  to  the 
small  counties  in  the  Representative  branch,  it  is  proposed,  what- 
ever number  of  Senators  may  be  agreed  upon  from  time  to  time, 
not  exceeding  at  any  time  thirty  three,  that  said  Senators  shall  be 
equally  apportioned  by  free  white  population  throughout  the  State; 
provided,  nevertheless,  that  whenever  any  one  county  in  this  State 


56 

shall  present  a  population  amounting  to  four  fifths  of  the  number  re- 
quired to  elect  one  Senator,  that  said  count}'  shall  be  entitled  to  a 
Senator  upon  said  four-fifths  :  and,  provided  also,  that  no  county  in 
this  State  shall  ever  have  more  than  one  Senator  and  two  Represen- 
tatives. 

If  neither  of  these  bases  should  be  favored  by  the  majority,  then, 

BASIS  THE  THIRD. — It  is  proposed  to  increase  the  Representation 
by  the  basis  fixed  in  the  present  Constitution,  to  such  a  number  of 
Senators  and  Representatives  as  would  be  calculated  to  give,  from  time 
to  time,  a  more  ample  Representation  throughout  the  State;  providing 
nevertheless,  there  should  never  be  more  than  thirty  three  Senators 
and  ninety  nine  Represenatatives  at  any  time  to  come. 

Mr  BLOUNT,  the  following: 

Resolved,  That  in  fulfilment  of  the  whole  plan  of  representation, 
it  is  expedient,  1st,  to  settle  the  basis  of  representation  wheth- 
er it  shall  be  that  of  numbers  ;  whether  it  shall  be  by  counties ; 
or  whether  it  shall  be  a  mixed  basis,  partaking,  in  part,  of  numbers, 
and  in  part  of  territory:  2ndly,  determine  on  what  number  of 
Senators  and  Representatives  shall  compose  the  first  Legislature,  not 
to  exceed  sixty,  to  be  elected  according  to  Senatorial  districts,  and  ac- 
cording to  Representative  Districts,  both  to  be  stated  by  a  fixed  num- 
ber of  counties  to  compose  them,  respectively ;  together  with  the 
name  of  the  counties  to  be  inserted  in  the  Constitution,  sub- 
ject to  no  future  change  in  said  districts,  except,  eventually,  by  the 
addition  of  new  counties  adjoining  any  of  said  permanent  districts; 
3dly,  to  fix  the  ratio  of  representation  by  which  the  number  of  Senators 
and  Representatives  shall  from  time  to  time  be  apportioned,  by  the 
Legislature,  agreeably  to  numbers  ;  provided,  that  each  county 
shall  be  entitled  to  elect  at  least  one  Representative :  but  that 
the  ratio  shall  be  fixed  and  inserted  in  the  Constitution,  subject 
to  no  change  by  the  Legislature  :  and  provided,  that  the  great- 
est ultimate  number  of  Representatives  shall  never  exceed  the  num- 
ber of  sixty  five,  and  the  greatest  nu  mber  of  Senators  shall  ne- 
ver be  greater  than  one  half  the  number  of  Representatives,  nor  less 
than  one  third — the  general  ratio  to  be  fifteen  hundred  free  white  male 
inhabitants. 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table,  being 
suspended,  the  said  resolutions  were  severally  read  and  referred  to  the 
Committee  of  the  Whole. 

On  motion  of  Mr.  ROADMAN, 

Ordered,  That  all  resolutions  proposing  amendments  to  the  Consti- 
tution, submitted  previous  to  this  day  and  not  heretofore  referred, 
be  now  referred  to  the  Committee  of  the  Whole. 

Mr  S ENTER  submitted  the  following: 

Resolved,  That  no  county  in  this  State  shall  be  entitled  to  a  Rep- 
resentative unless  such  county  contain  at  least  twenty-five  miles 
square. 

Mr  JOHN  A.  M'KTNNKY,  the  following: 


57 

Resolved,  That  the  basis  of  representation  ought  to  be,  each  count  j 
to  have  one  member  in  the  House  of  Representative*  and  no  more*,  and 
that  the  large  counties  should  have  such  preponderance  in  the  Sen- 
ate, founded  on  the  basis  of  free  white  population,  as  will  compensate 
them  for  the  advantage  gained  by  the  smaller  counties  in  having  each 
one  member. 

The  rule  requiring  resolutions  to  lie  one  day  on  the  table,  being  sus- 
pended, said  resolution  was  read  and  referred  to  the  Committee  of  the 
Whole. 

Mr  HUMPHREYS,  the  following: 

Resolved,  That  the  Secretary  of  State  communicate  to  the  Conven- 
tion any  information  he  may  have,  with  regard  to  the  number  of  divorces 
applied  for,  and  the  number  granted  by  the  Legislature,  in  the  last  six 
years: 

Also,  any  information  he  may  have  with  regard  to  the  standing  laws 
dispensed  with  for  the  benefit  of  particular  individuals;  such  as  hawk- 
ing, peddling  and  retailing  liquors  without  license: 

Also,  the  extent  of  local  and  private  legislation,  and  the  time  proba- 
bly consumed  thereat,  with  a  view  to  the  future  action  of  this  body: 

And  the  rule  being  suspended,  on  motion  of  Mr  HUMPHREYS,  the 
resolution  was  adopted. 

Mr  CAHAL  moved  to  take  up  and  consider  all  memorials  in  relation 
to  new  counties;  which  prevailing,  he  renewed  his  motion  to  refer  them 
to  the  committee  on  propositions  and  grievances. 

And  thereupon  the  question  was  submitted,  "will  the  Convention 
make  the  reference,"  and  determined  in  the  negative  ;  ayes  22, 
noes  37. 

The  ayes  and  noes  being  demanded  by  Mr  Cahal, 

The  affirmative  voters  are, 

Messrs  President,  Bradshaw,  Childress,  Cahal,  Cobbs,  Gillespy, 
Greene,  Gordon,  Hill,  Kelly,  Kincaid,  Ledbetter,  M'Clellan,  M'Gaugh- 
ey,  Richardson,  Ridley,  Robertson,  Senter,  Smartt,  Whitson,  Walton 
and  Webster — 22. 

The  negative  voters  are, 

Messrs  Allen,  Armstrong,  Alexander,  Blount,  Cannon,  Cheatham, 
Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gray,  Hodges,  Huntsman, 
Humphreys,  Hess,  Kincannon,  Kendall,  Kimbrough,  Loving,  Robert 
J.  M'Kinney,  John  A.  M'Kinney,  Mabry,  Montgomery,  Marr,  Neal, 
Nelson,  Porter,  Purdy,  Roadman,  Stephenson,  Smith,  Sharp,  Scott, 
Ury,  White  and  Weakley-~37. 

And  so  said  motion  was  determined  in  the  negative. 

The  question  then  recurred  upon   the   proposition  of  Mr  John  A. 
M'Kinney,  to  refer  the  said  memorials  to  a  select  committee  of  thir 
teen  ( one  from  each  Congressional  District )  which  was  also  decided 
in  the  negative. 

The  question  next  recurred,  upon  the  adoption  of  Mr  Huntsman's 
i,  proposing  their  reference  to  the  Committee  of  the  Whole; 


58 

and  the  sense  of  the  Convention  being  thereupon  had,  the   said  reso- 
lution was  adopted  and  the  order  of  reference  made. 

Mr  MABRY  submitted  the  following : 

Resolved,  That  in  forming  a  new  or  amending  the  present  Con- 
stitution, it  should  be  done  with  a  view  to  the  present  and  future  pros- 
perity of  the  people.  The  rights,  privileges  and  liberties  of  the  people 
should  be  guarded  and  protected. 

Resolved,  That  the  present  Constitution  be  so  amended  as  to  form 
a  system  of  education,  and  free  schools,  to  educate  those  who  are  des- 
titute of  the  means  of  education. 

Resolved,  That  all  lands,  moneys  or  other  donations,  belonging  to 
this  State  for  the  use  of  free  schools,  be  retained  for  the  same  :  and 
that  the  present  Constitution  be  so  amended  as  to  lay  and  levy  a  tax 
on  all  Bank  Stock,  owned  and  used  in  this  State  ;  on  all  priviliges 
granted  to  town  corporations,  and  incorporate  bodies  ;  and  all  bank- 
ing institutions  whatever,  which,  when  levied,  shall  be  applied  to  the 
use  of  free  schools. 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred,propos- 
ing  amendments  thereto:  and,  after  some  time  spent  in  their  consider- 
ation, the  committee  rose,  reported  progress,  asked  and  obtained  leave 
to  sit  again. 

Mr.  CHILDRESS  submitted  the  following: 

Resolved,  That  this  Convention  procure  some  mathematician  to  as- 
certain by  calculation,  the  number  of  square  miles  in  each  county  of 
this  State,  as  laid  down  on  Rhea's  Map. 

And  the  rule  being  suspended,  said  resolution  was  adopted. 

And  the  convention  adjourned. 

MONDAY,  JUNE  2,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Smith  of  the  Cumberland  Presbyterian 
church. 

Mr  HODGES  presented  the  memorial  of  sundry  citizens  of  Campbell 
county,  proposing  and  asking  various  amendments  to  the  existing  Con- 
stitution—which was  read  and  ordered  to  the  table. 

Mr  HESS  presented  the  memorial  of  sundry  citizens  of  Gibson, 
Dyer,  Hay  wood  and  Madison  counties,  in  relation  to  new  counties, 
which  was  read  and  referred  to  the  Committee  of  the  Whole. 

Mr  CANNON  submitted  the  following: 

Resolved,  That  the  regular  hour  for  the  meeting  of  this  Convention 
shall  be  8  o'clock  in  the  morning — and  the  rule  being  suspended,  said 
resolution  was  adopted. 

Mr  KINCAID,  the  following: 

1st.  Resolved,  That  the  representation  of  the  lower  branch  of  the 
Legislature  shall  be  fixed  upon  a  basis  of  population  of  the  free  male 
taxable  inhabitant?,  over  the  age  of  twenty  one  years. 


2ml.  Resolved,  That  each  county  in  the  State,  having  a  population  of 
one  thousand  free  taxable  inhabitants,  over  the  age  of  twenty  one 
years,  agreeably  to  the  enumeration  of  1833,  shall  have  one  Represen- 
tative;— and  all  counties  that  may  hereafter  come  to  have  that  num- 
ber of  free  male  taxable  inhabitants,  by  the  enumeration  which  may 
hereafter  be  taken,  shall  have  one; — and  until  then,  such  counties  not 
having  that  number  of  inhabitants,  shall  be  attached  to  some  adjoining 
county,  to  send  a  Representative. 

3rd.  Resolved,  That  every  county  in  the  State,  having  a  population 
of  two  thousand  five  hundred  free  male  inhabitants,  over  the  age  of 
twenty  one  years,  by  the  said  enumeration  of  1833,  shall  be  entitled  to 
two  Representatives; — and  all  counties  that  may  hereafter  come  to 
have  two  thousand  five  hundred  free  male  taxable  inhabitants  over  the 
age  of  twenty  one  years,  by  the  enumeration  that  may  hereafter  be  ta- 
ken,shall  have  two  Representatives. 

4th.  Resolved,  That  so  soon  as  the  number  of  counties  that  may  be 
entitled  to  two  Representatives  as  aforesaid,  shall  have  increased  to 
the  number  of  twenty,  there  shall  be  no  further  increase  of  Represen- 
tation on  such  basis  of  population; — and  the  twenty  Representatives 
which  may  have  arisen  upon  the  last-mentioned  basis  of  population, 
shall  then  be  apportioned  among  the  respective  counties  of  the  State, 
agreeably  to  the  free  male  population  of  each  over  the  age  of  twenty 
one  years,  after  deducting  from  the  aggregate  population  of  each,  the 
number  of  one  thousand,  which  entitled  it  to  one  representative. 

Mr  FULTON,  the  following: 

Resolved,  That  the  House  of  Representatives  shall  consist  of  one 
hundred  members,  whereof  each  county  now  established  in  this  State 
shall  elect  one  Representative: 

That  all  that  part  of  this  State  including  the  counties  of 'lying 

east  of  the  Cumberland  Mountains,  shall  be  called  the  Eastern  District: 

That  all  that  part  of  this  State,  including  the  counties  of lying 

west  of  the  Cumberland  Mountains,  and  east  of  Tennessee  river,  shall 
be  called  the  Middle  District: 

And  that  all  that  part  of  this  State,  including  the  counties  of 

lying  west  of  the  Tennessee  river,  shall  be  called  the   Western  Dis- 
trict. 

That  thirty  eight  representatives  shall,  at  the  several  periods  of  ma- 
king the  enumeration  as  pointed  out  by  law,  be  apportioned  among  said 
three  districts  according  to  the  number  of  free  white  taxable  inhabitants 
in  each,  in  the  manner  following,  that  is  to  say:  The  entire  number  of 
free  white  taxable  inhabitants  in  said  three  districts,  shall  be  divided  by 
one  hundred,  (the  entire  number  of  representatives)  and  the  number 
of  thirty  eight  representatives  shall  be  appropriated  to,  and  apportion-. 
ed  nmong  said  three  districts  as  near  as  may  be,  in  proportion  to  the 
excess  of  free  white  taxable  inhabitants,  vshich  they  may  respective- 
ly contain  over  and  above  the  aggregate  number  of  free  white  taxable 
inhabitants  in  said  districts  respectively  appropriated,  according  to  this. 
plan,  to  be  represented  by  the  members  from  the  counties  respectively* 


Mr  KINCA  ID,  the  following: 

1st.  Resolved,  That  new  counties  may  hereafter  be  formed  of  less 
contents  than  625  square  miles,  and  that  old  counties  may  be  reduced 
below  that  content. 

2nd.  Resolved,  That  no  new  county  shall  be  formed  which  shall  re- 
duce the  old  county  or  counties  of  which  it  is  formed,  below  twenty 
miles  square,  or  four  hundred  square  miles — nor  shall  any  new  county 
be  formed  of  less  contents,  except  it  should  appear  that  the  new  county 
proposed  to  be  established,  could  not  be  had  to  contain  twenty  miles 
square,  or  four  hundred  square  miles,  without  making  it  more  than  as 
long  again  as  broad,  then  and  in  such  case,  the  county  may  be  formed 
of  less  contents  than  twenty  miles  square,  but  not  less  than  sixteen 
miles  square,  or  two  hundred  and  sixty  square  miles.  Provided)  that 
there  shall  not  be  any  new  county  formed  of  this  latter  content,  unless 
there  shall  be,  at  least  one  thousand  free  male  inhabitants,over  the  age 
of  twenty  one  years,residing  within  the  territory  proposed  to  be  formed 
into  a  county,  and  at  least  seven  hundred  of  said  inhabitants  signing 
the  petition  for  said  county.  And  provided  further ',  that  when  any 
old  county  or  counties  may  be  reduced  in  forming  a  new  one,  th«  seat 
of  justice  in  the  old  county  or  counties,  so  reduced,  shall  remain  per- 
manent where  it  or  they  are  already  located.  And  provided  also,  that 
the  seat  of  justice  in  the  county  or  counties,  which  may  be  reduced, 
shall  not  be  left  more  than  miles  from  the  centre. 

3rd.  Resolved,  That  when  the  people,  wishing  to  have  a  new  coun- 
ty established,  pursuant  to  this  provision,  shall  have  complied  with  the 
laws  of  the  State  now  in  force,  relative  to  the  formation  of  new  coun- 
ties, and  shall  have  preferred  their  petitions  to  the  General  Assembly, 
praying  the  formation  of  a  county,  it  shall  be  the  duty  of  the  Legisla- 
ture to  establish  the  same. 

Mr  HUNTSMAN,  the  following: 

1st.  Resolved^  That  the  limits  of  counties  as  established  by  the  pres- 
ent Constitution,  as  far  as  it  relates  to  counties  already  laid  off,  be 
held  sacred  and  inviolable. 

2nd.  Resolved^  That  that  part  of  the  Constitution  which  deprives 
the  Legislature  of  the  power  to  lay  off  any  new  county  of  less  dimen- 
sions than  twenty  five  miles  square,  may  be  subject  to  the  following 
modifications:  if  the  surplus  territory  lying  in  or  near  county  or  coun- 
ties contiguous  to  or  adjoining  each  other,  be  of  sufficient  dimensions 
to  form  a  county  of  twenty  miles  square,  or  four  hundred  square  miles, 
without  incroaching  upon  the  present  constitutional  limits  of  the  old 
counties,  or  without  coming  so  near  any  of  the  present  seats  of  justice 
as  to  occasion  their  removal,  then  and  in  that  case,  a  county  or  counties 
may  be  laid  off,  of  not  less  than  twenty  miles  square. 

And  Mr  WALTON,  the  following: 

Resolved)  That  it  shall  be  lawful  in  future  to  lay  off  and  make  new 
counties,  where  they  can  do  so  without  reducing  the  county  or  coun- 
ties from  which  they  shall  be  taken,  to  a  less  content  than  four  hun- 
dred square  miles,  nor  so  as  to  interfere  with  the  present  county  seats. 


61 

Mr  STEPHENSON  moved  to  take  up  and  consider  his  resolution  of  the 
30th  ult.,  providing  that  all  memorials  on  the  subject  of  emancipation, 
be  referred  to  a  committee  consisting  of  thirteen. 

Which  motion  failed. 

Mr  PURDY  submitted  the  following: 

Resolved,  That  the  2nd  section  of  the  first  article  of  the  present 
Constitution  be  so  amended,  that  the  number  of  Representatives  shall, 
at  the  several  periods  of  taking  the  enumeration,  be  apportioned  by  the 
Legislature  among  the  several  counties,  according  to  the  number  of 
free  white  taxable  inhabitants  in  each,  and  shall  never  be  less  than  six- 
ty-two nor  more  than  seventy-five  members. 

On  motion  of  Mr.  ALLEN,  the  Convention  resoved  itself  into  com- 
mittee of  the  whole,  Mr.  Cannon  in  the  chair,  upon  the  existing  con- 
stitution, and  the  various  resolutions  to  them  referred,  proposing  amend- 
ments thereto  ;  and  after  some  time  spent  in  the  consideration  thereof, 
the  ctmimittee  rose,  reported  progress,  asked  and  obtained  leave  to  sit 
Again. 

Mr.  JOHN  A,  McKiNNEY  moved,  that  Col.  Charles  McClung,  of 
Knox  county,  a  member  of  the  first  convention  of  this  state,  be  invit- 
ed to  a  seat  within  the  bar,  which  motion  being  adopted  unanimous- 
ly, the  President  respectfully  invited  him  to  a  seat  within  the  bar  of 
the  convention. 

The  President  presented  the  following  communication  from  the  Sec- 
retary of  State,  made  in  obedience  to  a  resolution  of  the  29th  May, 
requiring  him  to  ascertain  the  geographical  centre  of  the  State,  to  writ : 

SECRETARY'S  OFFICE,  ) 

Nashville,  June  2,  1834.  J 

The  Honorable  Convention  in  session  to  revise  the  Constitution  of 
the  State  of  Tennessee. 

Your  resolution  of  the  29th  of  May  has  been  referred  to  Mr.  James 
Hamilton,  professor  of  mathematics  in  the  Nashville  University,  with 
a  request  that  he  would  furnish  the  information  called  for.  I  here- 
with transmit  his  communication  in  answer  to  the  inquiry  contained 
in  the  resolution,  and  also  Rhea's  map  of  Tennessee,  on  which  is 
designated  the  geographical  centre  of  the  State.  With  a  view  to  ob- 
tain the  most  unquestionable  information,  according  to  the  mode  of 
ascertaining  it,  I  was  induced  to  refer  it  to  him.  He  is  a  gentleman 
of  superior  scientific  attainments,  and  eminently  qualified  to  make  the 
calculations  with  the  greatest  accuracy. 

Very  respectfully, 

SAM.  G.  SMITH. 

NASHVILLE  UNIVERSITY, 

June  2,  1834. 
Gen.  S.  G.  Smith,  Secretary  of   State. 

SIR  : — 1  have  made  the  requisite  calculations  to  determine  the  cen- 
tre of  the  State  of  Tennessee,  as  laid  down  on  Rhea's  map,  and  be- 


02 

lieve  you  will  find  the  result  correct.  The  centre  of  position  and  the 
centre  of  gravity  being  in  our  question  necessarily  the  same,  I  pro- 
ceeded to  find  the  latter  by  dividing  the  map  into  four  parts,  and  hav- 
ing determined  the  centre  of  each,  I  then  sought  their  common  cen- 
tre. I  performed  the  calculation  for  two  different  modes  of  division, 
and  found  that  the  results  differed  only  one  fourth  of  a  mile.  In  one 
case  the  division  was  made  thus — I  drew  a  meridian  through  the  map 
in  longitude  7°  40'  W.,  and  reduced  the  irregular  section  on  the  east 
of  it  to  a  triangle,  the  centre  of  which  was  found  on  the  boundary 
between  Jefferson  and  Sevier  counties.  The  second  was  a  paral- 
lelogram, bounded  on  the  east  by  the  meridian  just  mentioned;  on 
the  south  by  the  southern  line  of  the  map;  on  tbe  west  by  a  me- 
ridian passing  through  the  point  where  the  northern  line  meets  the 
eastern  bank  of  the  Mississippi,  and  on  the  north  by  a  line  drawn 
parallel  to  the  southern  side.  The  centre  of  this  section  is  in 
Maury  county,  north  of  Columbia,  and  south-west  of  Spring*Hill. 
You  will  see  it  marked  on  Carter's  creek.  In  constructing  the  paral- 
lelogram, atrapezoid  was  formed  on  the  north,  which  is  included  with- 
in the  two  meridians  already  referred  to  in  the  first  two  sections.  The 
centre  of  this  portion  lies  in  Sumner  county,  on  a  branch  of  Drake's 
creek,  north-east  of  Tyree's  Springs.  The  fourth  section  is  on  the 
western  side  of  the  second  meridian  above  mentioned,  the  centre  of 
which  after  being  reduced  to  a  triangle,  was  found  in  Tipton  county, 
south-west  of  Covington,  and  about  midway  between  the  steam  milt 
and  a  mill  on  Indian  creek,  near  the  road  from  Covington  to  Memphis. 
Having  found  the  centres  of  the  several  portions,  I  began  again  on  the 
east,  and  found  the  common  centre  of  the  1st  and  2d  in  the  eastern 
part  of  Rutherford  county,  on  the  road  from  Danville  to  Readyville, 
and  at  about  jth  of  their  distan.ce  from  the  latter.  The  common  centre 
of  the  first,  second  and  third  is  only  2  J  miles  northwest  of  the  centre 
of  the  first  and  second,  and  nearly  in  a  line  between  it  and  Lebanon. 
The  centre  of  the  four  sections,  composing  the  entire  State,  was  then 
found  m  Rutherford  county,  about  one  mile  and  a  half  east  of  Mur- 
freesborough.  I  have  designated  the  several  points  on  the  map  you 
sent  to  me,  with  pencil  marks.  With  the  hope  that  this  communica- 
tion may  prove  satisfactory,  I  remain,  dear  sir,  with  great  respect, 
your  obedient  servant, 

JAMES  HAMILTON. 

On  motion  of  Mr.  FOGG,  That  a  Committee  of  accounts  and  public 
expenditures  be  raised,  which  prevailing — the  President  appointed 
Messrs.  Fogg,  Allen,  and  Cannon,  the  said  committee. 

On  motion  of  Mr.  STEPHENSON,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr.  Cannon  in  the  Chair,  on  the 
existing  Constitution,  and  the  various  amendments  thereto  proposed, 
and  after  some  time  spent  in  the  consideration  thereof  the  Committee 
rose,  reported  pi  ogress,  and  asked  and  obtained  leave  to  sit  again. 

Thereupon  the  Convention  adjourned. 


TUESDAY,  June  3,  1834. 

The  Convention  met  acccording  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Hess  of  the  Cumberland  Presbyterian 
Church. 

Mr.  SENTER  presented  the  memorial  of  sundry  citizens  of  Rhea 
county,  in  relation  to  a  new  county,  which  was  read  and  ordered  to 
the  table. 

Mr.  GRAY  presented  sundry  memorials  of  the  citizens  of  Hum- 
phreys county,  in  relation  to  a  new  county,  which  was  read,  and  on 
his  motion,  referred  to  the  Committee  of  the  Whole. 

And  Mr.  HESS  presented  the  memorial  of  sundry  citizens  of  Dyer 
county,  in  relation  to  a  new  county,  which  was  read,  and  referred  to 
the  Committee  of  the  Whole. 

Mr.  FOGG  from  the  Committee  on  accounts  and  public  expenditures, 
to  whom  was  referred  the  account  of  B.  Atkinson  and  Son,  for  $  82  38 
cents,  reported,  that  the  Committee  have  carefully  examined  (he  same, 
believe  it  just  and  correct,  and  that  it  ought  to  be  allowed.  The  said 
report  was  concurred  with.  And  it  was  thereupon  ordered  that  the 
President  and  Secretary  issue  to  the  said  B.  Atkinson  and  Son  a  war- 
rant for  the  said  amount  of  $  82  38  cents,  under  the  provision  of  the 
act  of  the  General  Assembly,  entitled  an  act  to  provide  for  the  calling 
of  a  Convention, passed  at  Nashville  the  SfTth  day  of  November,  1833. 

Mr  DOUGLASS  submitted  the  following : 

Whereas  the  call  of  a  Convention  by  the  people,  to  amend  or  modi- 
fy the  Constitution,  is  attended  with  great  expense  and  high  political 
excitement,  which  may  occasionally  divide  the  country  into  feuds  and 
parties,  dangerous  to  the  freedom  and  stability  of  our  mixed  form  of 
government ;  and  forasmuch  as  it  is,  at  all  times,  impolitic  for  any  form 
of  government  to  have  its  salutary  and  acceptable  principles  unhinged 
and  put  afloat,  in  order  to  reach  an  obnoxious  feature  in  any  of  its  fun- 
damental rules ;  therefore, 

1st.  Resolved,  That  from  hereafter,  whenever  two  thirds  of  the 
Legislature,  in  joint  assembly,  shall  recommend  any  specific  modifica- 
tion or  modifications,  amendment  or  amendments  of  the  Constitution, 
to  the  people  of  the  State,  any  one  or  all  of  said  amendments  shall  be  of- 
fered in  the  form  of  resolutions,  and  form  a  part  or  parts  of  said  Consti- 
tution, if  a  majority  of  the  people,  at  the  next  general  election  for 
members  to  the  Legislature,  shall  vote  for  any  one  or  all  of  said 
amendments. 

And  whereas,  great  and  serious  evils  may,  and  it  is  likely  will 
fall  upon  the  country,  by  frequent  actions  of  the  Legislature,  in  at- 
tempts at  alterations  of  the  Constitution  ;  and,  in  order  to  prevent  the 
deleterious  consequences  to  be  apprehended  from  two  frequent  action 
upon  this  subject,  and  to  prevent  the  instability  and  fluctuations  likely 
to  be  produced  by  such  action  on  the  fundamental  rules;  therefore, 

2nd.  Resolved,  That  the  Legislature  shall,  in  no  case,  recommend 


64 

or  propose  any  modification  or  modifications,  alteration  or  alterations, 
amendment  or  amendments,  change  or  changes  of  the  Constitution,  in 
whole  or  part,  oftener  than  once  in  every  ten  years. 

On  motion  of  Mr  FULTON,  ordered  that  the  resolutions  iutroduced 
on  yesterday  by  Mr  Fulton  and  Mr  Kincaid,  on  the  subject  of  the  basis 
of  representation,  be  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  amendments  thereto  proposed,  and  after 
some  time  spent  in  the  consideration  thereof,  the  Committee  rose,  and 
the  chairman  thereof  reported  that  the  committee  had  instructed  him 
to  ask  to  be  discharged  from  the  further  consideration  of  the  sundry 
memorials  to  them  referred,  in  relation  to  new  counties;  and  moreover 
the  committee  had  instructed  him  to  report  the  following,  in  lieu  of 
the  4th  section  of  the  9th  article  of  the  present  Constitution,  and  to 
recommend  its  adoption,  to  wit: 

"1st.  That  the  4th  section  of  the  9th  article  of  the  Constitution,  be 
amended  so  as  to  allow  new  counties  to  be  established  by  the  Legis- 
lature, to  consist  of  not  less  than  four  hundred  square  miles,  and  such 
new  county  not  to  approach  the  court  house  of  an  older  county  or 
counties  nearer  than  twelve  and  a  half  miles,  or  reduce  the  size  of 
such  older  county  or  counties  to  less  than  six  hundred  and  twenty 
five  square  miles. 

"2nd.  That  no  part  of  an  old  county  or  counties  shall  be  taken  off,  to 
form  part  of  a  new  one,  without  the  consent  of  a  majority  of  the  citi- 
zens of  such  part  of  the  old  county  or  counties. 

"3rd.  That  the  Legislature  shall  act  on  such  subjects  only  in  a 
regular  session,  and  in  such  sessions  only  once  in  ten  years;  provided, 
also,  that  should  the  running  of  any  line  in  the  formation  of  a  new 
county  under  this  provision,  place  the  court  house  of  the  old  county 
further  from  the  centre  of  either  its  population  or  territory,  it  shall  not 
on  that  or  any  other  account  be  removed." 

Mr  CARTER  offered  the  following  amendment  to  the  first  clause  of 
said  report,  to  wit:  "Except  in  such  special  cases,  if  any,  as  may  be 
hereinafter  provided  for  by  this  Constitution;"  which  was  accepted. 

Mr  GILLESPY  thereupon  moved  a  non-concurrence  with  so  much  of 
the  third  clause  of  said  report  as  prevents  the  removal  of  seats  of  jus- 
tice under  any  pretence  whatever  :  and  after  some  discussion  thereon, 
at  the  request  of  Mr  Stephenson  he  withdrew  the  motion;  whereupon 

Mr  STEPHENSON  moved  a  division  of  the  question,  so  as  to  test  the 
sense  of  the  Convention  upon  each  clause  of  said  report. 

Mr  CAHAL  moved  to  lay  the  report,on  the  table,  which  motion  was 
negatived. 

Mr  MARR  moved  to  recommit  it  to  the  Committee  of  the  Whole; 
which  motion  being  also  negatived,  the  question  recurred  upon  the 
motion  of  Mr  STEPHENSON,  to  divide  the  question,  which  was  decid- 
ed in  theaffirmative. 

The  question  was  then  had  upon  a  concurrence  of  the  first  clause  of 


65 


the  first  clause  of  the  report  of  the  committee  as  amended  by  Mr  Car- 
ter, and  determined  in  the  affirmative;  ayes  56,  noes  4. 

The  ayes  and  noes  being  demanded  by  Mr  GREENE, 

The  affirmative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Alexander,  Bradshaw,  Bur- 
ton, Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Doug- 
lass, Fulton,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Pless,  Kincannon,  Kincaid,  Kendall,  Kim- 
brough,  Ledbetter,  Loving,  M'Clellan,  Robert  J.  M'Kinney,  John  A. 
M'Kinney,  M'Gaughey,  Montgomery,  Marr,  Neal,  Nelson,  Purdy, 
Porter,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Senter, 
Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White  and  Weak- 
ley— 56. 

The  negative  voters  are, 

Messrs  Greene,  Kelly,  Mabry  and  Webster — 4. 

And  so  said  first  clause  as  amended  was  concurred  with. 

The  question  was  next  had  upon  a  concurrence  with  the  second 
clause  of  the  said  report. 

Mr  KIMEBOUGH  moved  to  amend,  by  striking  out  the  word"citizens," 
and  inserting  in  lieu,  the  words  "qualified  voters  :"  the  said  amend- 
ment being  received,  the  question  recurred  upon  a  concurrence  with 
the  report  of  the  committee  in  relation  to  said  second  clause  as  amend- 
ed ;  and  the  same  thereupon  being  had,  it  was  determined  unanimously 
in  the  affirmative. 

The  question  next  recurred  upon  a  concurrence  with  the  third  clause 
of  said  report. 

Mr  KINCAID,  moved  to  strike  therefrom  the  words  "ten  years,"  and 
thereupon  the  question  was  submitted,  and  determined  in  the  affirma- 
tive; ayes  54,  noes  6. 

The  ayes  and  noes  being  demanded  by  Mr  GREENE, 

The  affirmative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton, 
Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton, 
Garrett,  Gillespy,  Greene,  Gray,  Gordon,  Hodges,  Hill,  Huntsman^. 
Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Ledbetter, 
Loving,  M'Clellan,  Robert  J.  M'Kinney,  Marr,  M'Gaughey,  Mont- 
gomery, IVeal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridleyv 
Stepbenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Wal- 
ton, White,  Webster  and  Weakley — 54. 

The  negative  voters  are, 

Messrs  Douglass,  Fogg,  Kimbrough,  John  A.  M'Kinney,  Mabry  and 
Robertson — 6. 

So  said  motion  prevailed. 

Mr  GILLESPY  then  moved  to  fill  the  blank  with  the  words  "eight 
years;"  and  the  question  thereon  being  had,  it  was  determined  in 
the  negative  ;  ayes  10,  noes  50. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 


66 

Messrs  Bradshaw,  Douglass,  Fogg,  Gillespy,  Hodges,  Kimbrough, 
John  A.  M'Kinney,  Marr,  Robertson  and  Scott — 10. 

The  negative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Alexander,  Burton,  Blount, 
Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Garrett, 
Greene,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly, 
Kincannon,  Kincaid,  Kendall,  Ledbetter,  Loving,  M'CIellan,  Robert 
J.  M'Kinney,  Mabry,  M'Gaughey,  Montgomery,  Neal,  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley 
— 60. 

And  so  said  motion  was  determined  in  the  negative. 

Mr  HUMPHREYS  moved  to  fill  the  blank  with  four  years;  and  the 
question  being  thereupon  had,  it  was  determined  in  the  negative  ; 
ayes  16,  noes  44. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  Alexander,  Burton,  Cross,  Douglass,  Fogg,  Garrett,  Hodges, 
Huntsman,  Humphreys,  Hess,  Marr,  Nelson,  Purdy,  Roadman,  Scott 
and  White— 16. 

The  negative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Bradshaw,  Blount,  Cannon, 
Childress,  Cahal,  Cobbs,  Cheatham,  Fulton,  Gillespy,  Greene,  Gray, 
Gordon,  Hill,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Led- 
better, Loving,  M'CIellan,  Robert  J.  M'Kinney;  John  A.  M'Kinney, 
Mabry,  M'Gaughey,  Montgomery,  Neal,  Porter,  Richardson,  Ridley, 
Robertson,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson, 
Walton,  Webster  and  Weakley — 44. 

And  so  said  motion  was  determined  in  the  negative. 

Mr  COBBS  then  offered  the  following  amendment,  to  wit :  "at  the 
2nd  and  3rd  regular  sessions  after  the  adoption  of  the  Constitution,  and 
every  eight  years  thereafter." 

Mr  JOHN  A.  M'KINNEY  then  moved  an  adjournment;  which  motion 
was  lost. 

The  question  upon  Mr  COBBS'  amendment  was  next  put  by  th« 
chair,  and  determined  in  the  negative. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  Alexander,  Bradshaw,  Burton,  Cobbs,  Cross,  Douglass,  Fogg, 
Gillespy,  Hodges,  Kimbrough,  Loving,  John  A.  M'Kinnej,  Marr, 
Nelson,  Purdy,  Robertson  and  Scott — 17. 

The  negative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Blount,  Cannon,  Childress, 
Cahal,  Cheatham,  Fulton,  Garrett,  Greene,  Gray,  Gordon,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall, 
Ledbetter,  M'CIellan,  Robert  J.  M'Kinney,  Mabry,  M'Gaughey, 
Montgomery,  Neal,  Porter,  Roadman,  Richardson,  Ridley,  Stephen- 
j?on,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson,  Walton,  Wrhite, 
Webster  and  Weakley — 43. 


67 

And  so  said  amendment  was  rejected. 

Mr  BURTON  then  moved  an  adjournment,  which  was  lost. 

Thereupon  Mr  GREENE  moved  to  strike  out  the  whole  of  the  3rd 
clause,  which  was  determined  in  the  affirmative;  ayes  39,  noes  21. 

The  ayes  and  noes  being  demanded  by  Mr  Greene, 

The  affirmative  voters  are, 

Messrs  President,  Allen,  Armstrong,  Blount,  Burton,  Cannon,  Chil- 
dress,  Cahal,  Cheatham,  Fulton,  Garrett,  Greene,  Gray,  Gordon,  Hill, 
Huntsman,  Humphreys,  Kelly,  Kincaid,  Kincannon,  M'Clellan,  Rob- 
ert J.  M'Kinney,  Mabry,  M'Gaughey,  Montgomery,  Neal,  Porter, 
Richardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury, 
Whitson,  Walton,  Webster  and  Weakley— 39. 

The  negative  voters  are, 

Messrs  Alexander,  Bradshaw,  Cobbs,  Cross,  Douglass,  Fogg,  Gil- 
lespy,  Hodges,  Hess,  Kendall,  Kimbrough,  Ledbetter,  Loving,  John 
A.  M'Kinney,  Marr,  Nelson,  Purdy,  Roadman,  Robertson,  Scott  and 
White— 21. 

And  so  said  third  clause  was  stricken  out. 

Mr  WEBSTER  submitted  the  following: 

Resolved,  That  all  memorials  on  the  subject  of  new  counties,  be  re- 
ferred to  a  committee,  to  consist  of  thirteen  members,  one  from  each 
Congressional  District,  with  instruction  to  examine  and  report  to  this 
Convention,  if  any,  what  relief  shall  be  extended  to  the  memorialists. 

And  thereupon  the  Convention  adjourned. 

WEDNESDAY,  JUNE  4,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Hatton  of  the  Cumberland  Presbyte- 
rian Church. 

Mr  LEDBETTER  moved  to  take  up  and  consider  the  resolution,  here- 
tofore submitted  by  him,  proposing  to  appoint  a  Committee  on  the 
school  fund  and  the  subjects  relating  thereto,  which  was  taken  up,  and 
adopted.  And  thereupon  the  President  appointed  said  Committee, 
consisting  of  Messrs  Ledbetter,  Cheatham,  Cobbs,  Allen,  and  R.  .J. 
McKinney. 

On  motion  of  Mr.  HESS,  the  report  of  the  Committee  of  the  Whote 
on  the  subject  of  new  counties,  which  was  under  consideration  on 
yesterday,  was  taken  up. 

Mr.  GARRETT  moved  to  strike  out  of  the  proviso  in  the  third  article, 
the  words  uor  any  other  account." 

Mr.  GRAY  moved  to  strike  out  the  words  "or  any  other,"  which 
amendment  Mr  Garrett  accepted  as  an  amendment,  in  lieu  of  the  one 
proposed  by  him. 

Mr  CAHAL  proposed,  in  lieu  of  the  foregoing  words,  "on  that  or  any 
other  account,"  the  following  amendment,  "because  such  Court  House 
is  not  in  the  centre  of  such  county;"  which  he  afterwards  withdrew^ 
by  leave  of  the  Convention. 


68 

The  question  was  then  put  on  the  amendment  proposed  by  Mr. 
Gray,  and  determined  in  the  negative;  ayes  30,  noes  30. 

The  ayes   and  noes  being  demanded  by  Mr.  GREENE, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Cahal,  Cobbs,  Garrett,  Gilles- 
py,  Greene,  Gray,  Hodges,  Hill,  Kelly,  Kincaid,  Kimbrough,  Led- 
better,  Loving,  M'Clellan,  Mabry,  M'Gaughey,  Montgomery,  Marr, 
Neal,  Purdy,  Richardson,  Ridley,  Stephenson,  Senter,  Smartt,  Ury, 
Whitson  and  Walton — 30. 

The  negative  voters  are, 

Messrs  President,  Alien,  Alexander, Burton,  Blount,  Cannon,  Chil* 
dress,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gordon,  Huntsman, 
Humphreys,  Hess,  Kincannon,  Kendall,  R.  J.  M'Kinney,  J.  A.  M'- 
Kinney,  Nelson,  Porter,  Roadman,  Robertson,  Smith,  Sharp,  Scott, 
White,  Webster  and  Weakley— 30. 

And  so  said  amendment  was  rejected. 

Mr  DOUGLASS  proposed  the  following  amendment,  to  wit:  "Unless 
two  thirds  of  the  Legislature,  acting  upon  memorials  for  its  removal, 
may  order  the  same:"  which  said  amendment  was  accepted. 

Mr.  Fulton  proposed  the  following  amendment :  "Nor  shall  the 
Court-House  in  any  county  in  this  State  be  removed,"  which  was  de- 
termined in  the  negative;  ayes  21,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr.  ALLEN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Blount,  Childress,  Douglass,  Fulton, 
Fogg,  Gordon,  Hodge,  Hill,  Huntsman,  Hess,  Kincaid,  Kendall,  R. 
J.  McKinney,  Nelson,  Porter,  Purdy,  Scott,  White  and  Weakley 
—21. 

The  negative  voters  are, 

Messrs.  President  (Carter,)  Armstrong,  Bradshaw,  Burton,  Can- 
non, Cahal,  Cobbs,  Cheatham,  Cross,  Garrett,  Gillespy,  Greene,  Gray, 
Humphreys,  Kelly.  Kincannon,  Kimbrough,  Ledbetter,  Loving,  M'- 
Clellan,  J.  A.  M'Kinney,  Mabry,  M'Gaughey,  Montgomery,  Marr, 
Neal,  Roadman,  Richardson,  Ridley,  Robertson,  Senter,  Smith, 
Stephenson,  Smartt,  Sharp,  Ury,  Wliitson,  Walton  and  Webster— 39. 

And  so  said  amendment  was  rejected. 

Mr.  WEBSTER  then  submitted  the  following  amendment,  to  wit  : 

"And  it  shall  be  the  d-aty  of  the  Legislature  to  carry  into  effect  all 
tlxe  foregoing  provisions,  in  regard  to  the  establishing  of  new  counties, 
and  all  special  provisions  relative  thereto,  which  may  be  authorized 
by  this  Convention;"  which  was  rejected;  ayes  10,  noes  50. 

The   ayes  and  noes  being  demanded  by  Mr  WEBSTER, 

The  affirmative  voters  are  : 

Messrs.  Cobbs,  Douglass,  Hill,  Kelly,  Kincannon,  Kincaid,  Rich- 
ardson, Ridley,  Smartt  and  Webster — 10. 

The  negative  voters  are  : 

Messrs.  President  (Carter,)  Allen,  Armstrong,  Alexander,  Brad- 
shaw, Burton,  Blount,  Cannon,  Childress,  Cahal,  Cheatham^  Cros^, 


69 

Fulton,  Fogg,  Garrett,  Gillespy,  Greene,  Gray,  Gordon,  Hodges, 
Huntsman,  Humphreys,  Hess,  Kendall,  Kimbrough,  Ledbetter,  Lov- 
ing, M'Clellan,  Robert  J.  M'Kinney,  John  A.  M'Kinney,  Mabry,  M'- 
Gaughey,  Montgomery,  Marr,  Neal,  Nelson,  Porter,  Purdy,  Road- 
man, Robertson,  Stephenson,  Senter,  Smith,  Sharp,  Scott,  Ury, 
Whitson,  Walton,  White  and  Weakley— 50. 

And  so  said  amendment  was  rejected. 

Mr.  KINCAID  offered  the  following  amendment,  to  wit : 

" Resolved,  That  when  the  people  wishing  to  have  a  new  county  es- 
tablished pursuant  to  the  foregoing  provisions,  shall  have  complied 
with  the  laws  now  in  force,  relative  tu  the  formation  of  new  counties, 
and  shall  have  preferred  their  petition  to  the  Legislature  praying  the 
formation  of  a  new  county,  it  shall  be  the  duty  of  the  General  As- 
sembly to  establish  the  same." 

And  after  some  discussion  had  thereon,  on  motion  of  Mr.  ALLEN, 
said  resolution  was  ordered  to  the  table. 

Mr.  KINCANNON  offered  the  following  amendment,  in  lieu  of  the 
•whole  report,  made  by  the  Committee  of  the  Whole,  in  relation  to  new 
counties. 

"Resolved,  That  the  4th  section  of  the  9th  article  of  the  Constitu- 
tion be  so  amended  as  to  allow  new  counties  to  be  established,  accord- 
ing to  the  following  provisions — whenever  there  shall  be  a  territory  of 
not  less  than  four  hundred  square  miles  ;  except  such  cases,  if  any,  as 
shall  be  provided  for  by  this  Convention,  containing  a  population  of  not 
less  than  qualified  voters,  a  majority  of  whom  shall  apply  for  a  new 
county  :  it  shall  be  the  duty  of  the  Legislature  from  time  to  time,  to 
establish  a  new  county  upon  such  application  ;  provided  the  lines  in 
running  out  such  new  county  shall  not  reduce  the  old  county  or  coun- 
ties to  less  dimensions  than  the  present  constitutional  limits  of  six  hun- 
dred and  twenty  five  square  miles,  nor  approach  nearer  than  twelve 
and  a  half  miles  of  the  court  house  of  such  old  county  or  counties — 
and  provided  further,  that  the  court  house  of  such  old  county  or 
counties  shall,  on  account  of  a  new  county  being  laid  off,  in  no  event 
be  removed." 

And  said  amendment  was  rejected. 

Mr.  HUNTSMAN  then  moved  that  the  report  of  the  Committee  of  the 
Whole  be  concurred  in,  and  the  sense  of  the  Convention  being  had 
thereon,  said  report  was  concurred  in. 

Mr.  BURTON  submitted  the  following : 

1st.  Resolved,  That  a  sub-committee  of  thirteen  be  appointed,to  whom 
shall  be  referred  the  report  adopted  in  Committee  of  the  Whole,  on 
the  4th  section  of  the  9th  article — and  that  said  Committee  inquire 
whether  there  are  any  new  counties  that  can  be  obtained  of  twenty 
miles  square,  in  conformity  with  said  report. 

2nd.  Resolved,  That  said  Committee  do  further  inquire  whether 
there  are  any  extraordinary  cases,  where  Counties  are  divided  by 
large  water  courses,  and  in  justice  ought  to  be  taken  out  of  the  op- 
eration of  said  report  already  made  to  the  Convention. 


70 

3rd.  Resolved,  That  all  petitions  and  memorials  on  the  subject  of 
new  counties,  be  referred  to  said  Committee. 

On  motion  of  Mr  NELSON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  consideration 
thereof  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 

THURSDAY,  JUNE  5,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Hattonof  the  Cumberland  Presbyterian 
Church. 

Mr  BRADSHAW  presented  a  memorial  of  sundry  citizens  of  Jeffer- 
son county,  upon  the  subject  of  emancipation,  which  was  read  and  or- 
dered to  the  table. 

Mr  KIMBROUGH  submitted  the  following: 

Resolved,  That  the  Constitntion  of  the  State  of  Tennessee  shall 
remain  in  full  force  and  effect,  until  the  proposed  amended  Constitution 
is  adopted  and  ratified. 

On  motion  of  Mr  BURTON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred,  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  consideration 
thereof,  the  committee  rose,  reported  progress  asked  and  obtained 
leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 

FRIDAY,  JUNE  6,  1834. 

The  Convention  met  acccording  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Hatton,  of  the  Cumberland  Presbyterian 
Church. 

Mr  BRADSHAW  presented  the  petition  of  Silas  George  of  Jefferson 
county,  which  was  ordered  to  the  table. 

Mr  WEBSTER  presented  a  memorial  of  sundry  citizens  of  Bedford 
county,  on  the  subject  of  a  new  county,  which  was  read  and  ordered 
to  the  table. 

Mr  LOVING  presented  a  memorial  of  sundry  citizens  of  Hay  wood, 
Tipton  and  Dyer  counties,  on  the  subject  of  a  new  county,  which 
was  read  and  ordered  to  the  table. 

Mr  M'GAUGHEY  moved  to  take  up  and  consider  the  resolution,  in- 
troduced by  Mr  Stephenson  on  the  30th  May,  providing  that  all 
memorials  on  the  subject  of  emancipation,  be  referred  to  a  committee 
of  thirteen;  which  motion  prevailed. 

Mr  WALTON  moved,  that  all  memorials  on  the  subject  of  new  coun- 
ties, be  referred  to  said  committee. 


71 

Mr  HUNTSMAN,  then  moved  to  lay  said  resolution  on  the  table,  un- 
til the  first  day  of  January  next,  and  the  question  being  taken  there- 
on, it  was  determined  in  the  affirmative;  ayes  38,  noes  20. 
The  ayes  and  noes  being  demanded  by  Mr  Fulton; 

Those  who  voted  in  the  affirmative  are 

Messrs  Allen,  Alexander,  Cannon,  Childress,  Cahal,  Cheatham, 
Cross,  Fulton,  Fogg,  Garrett,Gray,  Gordon,  Hodges,  Huntsman,  Hum- 
phreys, Hess,  Kincannon,  Kincaid,  Kendall,  Ledbetter,  Loving,  M'- 
Clellan,  J.  A.  M'Kinney,  Montgomery,  Marr,  Nelson,  Porter,  Purdy, 
Richardson,  Ridley,  Robertson,  Smith,  Scott,  Ury,  Whitson,  White, 
Webster  and  Weakley— 38. 

Those  who  voted  in  the  negative  are 

Messrs  President  ( Carter, )  Armstrong,  Bradshaw,  Blount,  Cobbs, 
Gillespy,  Greene,  Hill,  Kelly,  Kimbrough,  R.  J.  M'Kinney,  Mabry, 
M'Gaughey,  Neal,  Roadman,  Stephenson,  Senter,  Smartt,  Sharp 
and  Walton— 20. 

Mr  WEBSTER  moved  that  his  resolution  submitted  on  the  3rd  instant 
appointing  a  committee  of  thirteen,  to  examine  and  report  on  all  me- 
morials in  relation  to  new  counties,  be  taken  up,  which  prevailing  and 
the  sense  of  the  Convention  being  had  thereon,  said  resolution  was 
adopted.  The  President  appointed  Messrs  Webster,  Roadman,  Garrett, 
Gillespy,  Senter,  Richardson,  Smith,  Weakley,  Cannon,  Kincannon, 
Gray,  Loving  and  Scott,  of  said  committee. 

Mr  HESS  submitted  the  following: 

1st.  Resolved,  That  the  General  Assembly  shall  have  no  power  to 
pass  laws  for  the  emancipation  of  slaves,  without  the  consent  of  their 
owner  or  owners,  or  without  paying  their  owners  previous  to  such 
emancipation  a  full  equivalent  in  money  for  the  slave  or  slaves  so  eman- 
cipated. 

2nd.  They  shall  have  no  power  to  prevent  emigrants  to  this  State, 
from  bringing  with  them  such  persons  as  are  deemed  slaves,  by  the 
laws  of  any  one  of  the  United  States,  so  long  as  any  person  of  the  same 
age  or  description,  shall  be  continued  in  slavery  by  the  laws  of  this 
State. 

3rd.  They  may  pass  laws  to  permit  the  owners  of  slaves  to  emanci- 
pate them,  saving  the  rights  of  creditors,  and  requiring  them  thereon  to 
be  removed  without  the  limits  of  this  State. 

4th.  They  shall  have  full  power  to  prevent  any  slaves  being  brought 
into  this  Slate  for  the  purpose  of  speculation  or  as  merchandize. 

5th.  They  shall  have  full  power  to  pass  such  laws,  as  may  be  neces- 
sary to  oblige  the  owners  of  slaves  to  treat  them  with  humanity,  and 
yto  abstain  from  all  injuries  to  them  extending  to  life  or  limb. 

6th.  They  shall  have  full  power  to  pass  laws,to  prevent  negroes  and 
mulattoes  from  coming  to  and  settling  in  this  State,  under  any  pretext 
whatever. 

7th.  In  the  prosecution  of  slaves  for  felony,  no  inquest  by  a  grand 
jury  shall  be  necessary,  but  the  proceedings  on  such  prosecutions, 
shall  be  regulated  by  law,  except  that  the  general  assembly  shall  have 


72 

no  power  to  deprive  them  of  the  privilege  of  a  trial  by  a  petit  jury. 

Mr  ALLEN,  the  following  : 

Resolved,  That  a  Committee  of  three  (one  from   each  division  of 

the  State)  be  appointed  to  draft  the  reasons  that  govern  this  Conven- 

.  tion  in  declining  to  act  upon  the  memorials  on  the  subject  of  slavery.  f 

Mr  GREENE  moved  to  amend  said  resolution  by  inserting  twenty  in-^ 
stead  of  three,  which  motion  was  lost,  and  the  rule  being  suspended 
said  resolution  was  adopted.  The  President  appointed  Messrs  Allen, 
J.  A.  M'Kinney  and  Huntsman  of  said  committee. 

.  On  motion  of  Mr  NELSON,  the  Convention  again  resolved  itself  intc 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto,  and  after  some  time  spent  in  consideration  thereof; 
the  committee  rose,  reported  progress,  asked  and  obtained  leave  to  sit 
again. 

And  thereupon  the  Convention  adjourned, 

SATURDAY,  JUNE  7,1834. 

The  Convention  met  accord! ig  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  Hess  of  the  Cumberland  Presbyterian  Church. 

Mr  ALLEN  asked  to  be  discharged  from  the  committee,appointed  on 
yesterday,  to  embody  the  reasons  and  circumstances  that  influenced  the 
Convention,  in  declining  to  act  upon  the  various  memorials  presented 
in  relation  to  emancipation — and  the  request  being  granted,  it  was 
thereupon  ordered,  on  Mr  Allen's  motion,  that  Mr  Fogg  be  added  to 
said  committee.  And  the  President  announced  Mr  J.  A.  M'Kinney 
Chairman  thereof. 

On  motion  of  J.  A.  M'Kinney,  ordered  that  the  sundry  memorials 
presented  to  this  Convention  on  the  subject  of  emancipation,  be  refer- 
red to  the  committee  on  that  subject. 

On  motion  of  Mr  NELSON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  resolutions  proposing  amendments  there- 
to, and  after  some  time  spent  in  the  consideration  thereof,  the  commit- 
tee rose,  reported  progress,  asked  and  obtained  leave  to  sit  again. 

Mr  HUNTSMAN  submitted  the  following: 

Resolved,  That  the  President  of  this  Convention  sign  a  warrant,^ 
and  the  Secretary  countersign  the  same,  authorising  the  Treasurer  of 
West  Tennessee  to  draw  upon  any  of  the  Banks  in  the  city  of  Nash- 
ville, for  such  sums  as  may  be  necessary,  from  time  to  time,  to  defray 
the  expenses  of  this  Convention. 

And  the  rule  being  suspended,  on  motion  of  Mr  Huntsman,  said 
resolution  was  adopted. 

And  then  the  Convention  adjourned. 


73 

MONDAY,  JUNE  9,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  WELLER  of  the  Episcopal  Church. 

Mr  NEAL  presented  the  memorial  of  sundry  citizens  of  M'Minn 
county,  on  the  subject  of  emancipation  :  and 

The  PRESIDENT  presented  the  memorial  of  sundry  citizens  of  Knox 
county,  on  the  subject  of  emancipation,  which  was  severally  read  and 
ordered  to  be  referred  to  the  committee  on  that  subject. 

On  motion,  the  Convention  again  resolved  itself  into  Committee  of 
the  Whole,  Mr  Allen  in  the  Chair,  upon  the  existing  Constitution  and 
the  various  resolutions  proposing  amendments  thereto,  and  after  some 
time  spent  in  consideration  thereof,  the  committee  rose,  reported  pro- 
gress, asked  and  obtained  leave  to  sit  again. 

Mr  KELSON  from  White,  through  Mr  Garrett,  asked  and  obtained 
leave  of  absence  for  a  few  days. 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Allen  in  the  Chair,  upon  the  exist- 
ing Constitution  and  the  various  resolutions  proposing  amendments 
thereto,  and  alter  some  time  spent  in  consideration  thereof,  the  com- 
mittee rose,  reported  progress,  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr  BRADSHAW,  ordered  that  the  petition  of  Silas 
George  be  referred  to  the  committee  on  Propositions  and  Grievances. 

And  then  the  Convention  adjourned. 

TUESDAY,  JUNE  10, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Weller  of  the  Episcopal  church. 

Mr  M'GAUGHEY  presented  the  memorial  of  sundry  citizens  of  Seviev 
and  Blount  counties,  on  the  subject  of  emancipation,  which  was  read, 
and  referred  to  the  committee  on  that  subject. 

Mr  CANNON  submitted  the  following: 

1st.  Resolved,  That  the  number  of  representatives  shall,  at  the  several 
periods  of  making  the  enumeration,  be  apportioned  among  the  several 
counties  or  districts  according  to  the  number  of  free  taxable  inhabi- 
tants in  each,  and  shall  not  exceed  sixty,  until  the  population  of  the 
State  shall  be  one  million  and  a  half,  and  after  that  period  the  number 
of  Representatives  shall  never  exceed  eighty. 

2nd.  Resolved,  That  the  number  of  Senators  shall  at  the  several 
periods  of  making  the  enumeration,  be  apportioned  among  the  several 
counties  or  districts  according  to  the  number  of  free  taxable  inhabi- 
tants in  each,  and  shall  not  exceed  twenty  five,  until  the  population  of 
the  State  shall  be  one  million  and  a  half,  and  after  that  period  the 
lumber  of  Senators  shall  never  exceed  thirty. 

On  motion  of  Mr  STEPHENSON,  the  Convention  again  resolved  it- 
self into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the 
existing  Constitution  and  the  various  resolutions  proposing  amend- 


74 

ments  thereto,  and  after  some  time  spent  in  consideration  thereof, 
the  Committee  rose,  reported  progress,  asked  and  obtained  leave  to 
sit  again. 

Mr  KIMBROUGH  moved  to  take  up  and  consider  the  resolution,  here- 
tofore submitted  by  him,  declaring  the  existing  Constitution  to  be  in 
force  and  effect  until  the  new  or  amended  Constitution  shall  be  approv- 
ed by  the  people.  Said  motion  was  negatived. 

Mr  JOHN  A.  M'KINNEY  submitted  the  following: 

Resolved,  That  property  is  the  proper  subject  of  taxation:  that  pro- 
perty of  all  kinds  should  be  taxed  according  to  its  value;  that  value  to 
be  ascertained  in  such  manner  as  the  Legislature  may  prescribe,  so 
that  the  same  shall  be  uniform  throughout  the  State. 

Mr  SHARP,  the  following  : 

Resolved,  That  the  seat  of  government  be  permanently  fixed  at 
such  point  on  the  Tennessee  river,  as  three  commissioners,  one  from 
East  Tennessee,  one  from  Middle  Tennessee  and  one  from  the  West- 
ern District,  appointed  by  law,  may  designate. 

The  PRESIDENT  presented  a  communication  from  Sam  G.  Smith, 
Secretary  of  State,  made  in  obedience  to  a  resolution  of  the  31st  May, 
directing  him  to  report  to  the  Convention,  the  number  of  applications 
for  divorces,  the  number  of  divorces  granted  in  the  last  six  years,  and 
the  number  of  public  and  private  acts  passed,  and  the  time  probably 
consumed  thereat;  which  was  read  and  ordered  to  the  table. 

On  motion  of  Mr  SENTER,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  resolutions  to  them  referred,  proposing 
amendments  thereto,  and  after  some  time  spent  in  consideration  there- 
of, the  committee  rose,  reported  progress,  asked  and  obtained  leave 
to  sit  again. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  JUNE  11, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Hess  of  the  Cumberland  Presbyterian 
Church. 

On  motion  of  Mr  LOVING,  ordered  that  the  memorial  of  sundry  citi- 
zens of  Haywood,  Tipton  and  Dyer  counties,  on  the  subject  of  a  new 
county,  heretofore  introduced  by  him,  be  referred  to  the  committee  on 
that  subject. 

Mr  G  REENE  submitted  the  following: 

Resolved,  That  the  citizens  South  of  Hiwassee  and  Big  Tennessee 
rivers,  within  the  limits  of  the  counties  of  Marion,  Hamilton,  Rhea  and 
M'Minn,  as  designated  by  an  act  of  the  General  Assembly  of  1833  ex- 
tending the  civil  jurisdiction  of  the  State  to  its  chartered  limits,  are  en- 
titled to  the  right  of  pre-emption  and  occupancy  in  that  tract  of  country, 
at  a  price  to  be  fixed  by  the  Legislature,  not  exceeding  the  minimum 
price  of  other  lands  within  said  tract  of  country. 

And  Mr  NEAL,  the  following: 


75 

Resolved,  That  the  Legislature  should  have  no  power  to  levy  a  tax 
for  the  purpose  of  raising  bank  stock  in  any  instance  whatever. 

On  motion  of  Mr  WALTON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Gillespy  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  the  consid- 
eration thereof,  the  committee  rose,  reported  progress,  asked  and  ob- 
tained leave  to  sit  again. 

And  then  the  Convention  adjourned. 

THURSDAY,  JUNE  12,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Reverend  Mr  Weller  of  the  Episcopal  Church. 

On  motion  of  Mr  CANNON, 

Ordered,  That  the  resolution  heretofore  submitted  by  him,  on  the 
subject  of  the  basis  of  representation,  be  taken  up  and  referred  to  the 
Committee  of  the  Whole. 

On  motion  of  Mr  M'CLELLAN,  the  Convention  again  resolved  it  self 
into  a  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  consideration 
thereof,  the  committee  rose,reported  progress,  asked  and  obtained 
leave  to  sit  again. 

Mr  ALLEN  submitted  the  following: 

Resolved,  That  the  rules  for  the  government  of  the  Convention,  be 
so  amended  as  to  authorize  the  ayes  and  noes  to  be  taken  in  Commit- 
tee of  the  Whole,  when  required  by  a  majority  of  the  Convention. 

Mr  CAHAL  moved  a  suspension  of  the  rule  requiring  resolutions 
to  lie  on  the  table  one  day;  which  motion  was  negatived. 

On  motion  of  Mr  HUMPHREYS,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  the  consid- 
eration thereof,  the  committee  rose,  reported  progress,  asked  and  ob- 
tained leave  to  sit  again. 

Mr  SMITH  moved  to  have  Mr  Allen  (of  Smith)  added  to  the  Com- 
mittee on  new  counties;  which  motion  was  determined  in  the  negative. 

And  then  the  Convention  adjourned. 

FRIDAY,  JUNE  13,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Weller  of  the  Episcopal  church. 

Mr  SCOTT  asked  leave  to  be  discharged  from  the  committee  on  new 
counties,  and  his  request  being  granted,  he  thereupon  moved,  that  Mr 
Robertson  be  added  to  said  committee;  which  motion  prevailed. 

Mr  MABRY  submitted  the  following: 


76 

Resolved,  That  the  present  Constitution  of  the  State  of  Tennesse, 
be  so  amended  as  to  prevent  and  prohibit  the  sale  of  slaves  or  people 
of  color ,  by  virtue  of  executions  founded  on  all  contracts  made  and  en- 
tered into  after  the  first  day  of  January,  1835. 

And  Mr  NEAL,  the  following: 

Resolved,  That  all  militia  officers  ought  to  be  elected  by  the  people 
of  their  respective  divisions,  brigades,  regiments,  battalions  and  com- 
panies, for  the  term  of  five  years  and  be  re-eligible;  the  adjutant  by  the 
people  of  the  regiment:  and  that  each  officer  shall  reside  within  the 
bounds  of  his  command. 

On  motion  of  Mr  M'GAUGHEY,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  on  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto,  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

Mr  M'GAUGHEY  submitted  the  following: 

1st.  Resolved,  That  the  resolution,  adopted  on  Monday  the  26th 
day  of  May,  1834,  authorizing  the  Convention  to  resolve  itself  into 
Committee  oi  the  Whole,  for  the  purpose  of  considering  the  Constitu- 
tion, be  and  the  same  is  hereby  rescinded. 

2nd.  Resolved,  That  for  the  purpose  of  expediting  the  public  busi- 
ness, the  Convention  do  now  take  up  the  Constitution  of  this  State, 
article  by  article  and  section  by  section,  for  the  purpose  of  making  such 
amendments  and  alterations  as  may  be  deemed  by  them  necessary. 

On  motion  of  Mr  GARRETT,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto,  and  after  some  time  spent  in  the  consider- 
ation thereof,  the  committee  rose,  reported  progress,  asked  and  obtain- 
ed leave  to  sit  again. 

And  then  the  Convention  adjourned. 

SATURDAY,  JUNE  14,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Weller  of  the  Episcopal  church. 

Mr  WHITE  presented  the  memorial  of  sundry  citizens  of  Sumner 
county,  on  the  subject  of  new  counties,  and  on  Mr  White's  motion 
said  memorial  was  referred  to  the  committee  on  that  subject. 

Mr  WEBSTER  submitted  the  following  : 

Resolved,  That  in  the  opinion  of  this  Convention,  it  is  inexpedient 
further  to  consider  the  Constitution  in  Committee  of  the  Whole. 

Mr  M'GAUGHEY  called  up  his  resolution,  introduced  on  yesterday, 
proposing  to  rescind  the  resolution  heretofore  adopted,authorizing  the 
Convention  to  resolve  itself  into  Committee  of  the  Whole,  and  after 
some  discussion  had  thereon,  Mr  M'GAUGHEY  withdrew  the  motion  to 
take  up  said  resolution. 

Mr  PURDY  submitted  the  following: 

1st.  Resolved,  That  the  number  of  representatives  shall,  at  the  sever- 


77 


al  periods  of  making  the  enumeration, be  apportioned  among  the  several 
counties  or  districts,  according  to  the  number  of  qualified  voters  in 
each,  and  shall  not  exceed  seventy  five  until  the  population  of  the  State 
shall  be  one  million,  and  never  thereafter  to  be  more  than  ,  pro- 

vided that  any  one  of  the  small  counties,  having  two  thirds  of  the  ra- 
tio, shall  be  entitled  to  one  member. 

2nd.  Resolved,  That  the  number  of  senators  shall,  at  the  several 
periods  of  making  the  enumeration,  be  apportioned  among  the  several 
counties  or  district  according  to  the  number  of  qualified  electors  in 
each,  and  shall  not  exceed  one  third  the  number  of  representatives. 

On  motion  of  Mr  CAHAL,  the  rule  requiring  resolutions  to  lie  on 
the  table  one  day  was  suspended;  and  on  his  further  motion,  the  said 
resolution  was  referred  to  the  Committee  of  the  Whole. 

Mr  MARK  submitted  the  following: 

Resolved*  That  the  following  be  added,  as  an  amendment  to  the 
1st  section  of  the  8th  article  of  the  Constitution. 

u  Whereas  the  Convention  is  deeply  sensible  of  the  importance  and 
difficulty  of  their  station,  and  of  the  imperfection  and  weakness  of  their 
nature,  and  that  the  best  of  men,  with  the  purest  purposes,  are  often 
influenced  in  their  actions  by  causes  unperceived  by  themselves — 
Therefore,  no  member  of  this  Convention  shall  be  eligible  to  a  seat  in 
either  House  of  the  Legislature,  or  to  any  office  under  the  provisions 
of  this  Constitution." 

Mr  BURTOX  moved  to  take  up  the  resolution,  offered  by  Mr  ALLEN 
on  Thursday  last,  on  the  subject  of  amending  the  rules,  which  pre- 
vailing, 

Mr  GRAY  moved  to  amend  said  resolution,  by  inserting  the  words 
fiany  member,"  instead  of  a  majority,  which  amendment  was  accepted 
by  Mr  Allen. 

The  question  was  then  taken  upon  the  adoption  of  said  resolution  as 
amended,  and  determined  in  the  negative  ;  ayes  22,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr  Burton, 

Those  who  voted  in  the  affirmative  are, 

Messrs  Allen,  Bradshaw,  Burton,  Blount,  Childress,  Cahal,  Cross, 
Douglass,  Fulton,  Greene,  Kincannon,  Ledbetter,  M'Clellan,  John  A. 
M'Kinney,  Mabry,  M'Gaughey,  Purdy,  Roadman,  Robertson,  Ste- 
phenson,  Whitson  and  White — 22. 

Those  who  voted  in  the  negative  are, 

ft'essrs  Armstrong,  Alexander,  Cannon,  Cobbs,  Fogg,  Garrett, 
Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess, 
Kelly,  Kendall,  Kimbrough,  Loving,  Robert  J.  M'Kinney,  Montgom- 
ery, Marr,  Neal,  Porter,  Richardson,  Ridley,  Senter,  Smith,  Smarit, 
Sharp,  Scott,  Ury,  Walton,  Webster  and  Weakley — 34. 

And  so  said  resolution  was  rejected. 

Mr  HUMPHREYS  submitted  the  following : 

1st.  Resolved,  That  a  committee  of  five  be  appointed  to  report 
whether  any  prohibitions  or  restrictions  should  be  placed  on  the  power 
of  tije  Legislature  in  granting  divorces  and  other  prirate  and  local  le- 


78 

gislation,  and  if  any,  report  for  the  consideration  of  the  Convention, 
suitable  clauses  to  effect  that  end. 

2nd.  Resolved,  That  the  report  of  the  Secretary  of  State  be  refer- 
red to  the  said  Committee. 

And  on  motion  of  Mr  HUMPHREYS,  the  rule  requiring  resolutions  to 
lie  one  day  on  the  table  was  suspended,  and  on  his  further  motion,  said 
resolutions  were  referred  to  a  select  committee. 

The  President  appointed  Messrs  Humphreys,  Smartt,  Ledbetter, 
John  A.  M'Kinney  and  M'Clellan  of  said  committee. 

Mr  MONTGOMERY  submitted  the  following: 

Resolved,  That  the  number  of  representatives  shall,  at  the  several 
periods  of  making  an  enumeration,  be  fixed  by  the  Legislature  and  ap- 
portioned among  the  several  counties,  according  to  the  number  of  qual- 
ified voters  in  each,  and  shall  never  be  less  than  sixty-two,  nor  great- 
er than  .  Each  county  shall  have  at  least  one  representative, 
but  no  county  hereafter  established,  shall  be  entitled  to  a  separate  re- 
presentation until  a  sufficient  number  of  qualified  voters  shall  be  con- 
tained within  it,  to  entitle  them  to  one  representative,  agreeably  to  the 
ratio  which  shall  then  be  established.  The  number  of  senators  shall  be 
,  and  shall  at  the  several  periods  of  making  the  enumeration 
before  mentioned,  be  apportioned  among  districts  formed  as  hereinafter 
directed,  according  to  the  number  of  qualified  voters  in  each. 

On  motion  of  Mr  SCOTT,  the  rule  requiring  resolutions  to  lie  one  day 
on  the  table,  was  suspended,  and  on  the  further  motion  of  Mr  Scott, 
said  resolution  was  referred  to  the  Committee  of  the  Whole. 

Mr  GILLESPY,  the  following: 

Resolved,  That  the  2nd  section  of  the  1st  article  of  the  Constitution 
be  so  amended  as  to  read,  "within  the  year  1840,  and  within  every  sub- 
sequent term  of  ten  years,  an  enumeration  of  the  free  inhabitants 
shall  be  made  in  such  manner  as  shall  be  directed  by  law.  The  number 
of  representatives,  shall,  at  the  several  periods  of  making  such  enu- 
meration, be  fixed  by  the  Legislature,  and  apportioned,  as  nearly  .as 
may  be,  among  the  several  counties  according  to  the  number  of  free 
persons  in  each,  and  shall  never  exceed  the  number  of  ,M 

On  motion  of  Mr  CAHAL,  the  rule  requiring  resolutions  to  lie  one 
day  on  the  table  was  suspended,  and  said  resolution  referred  to  th* 
Committee  of  the  Whole. 

On  motion  of  Mr  GARRETT,  the  report  of  the  Secretary  of  State,, 
made  to  the  Convention,  through  the  President,  on  the  10th  inst.,  and 
which  had  been  laid  on  the  table,  was  taken  up  and  read;  and,  on  Mr 
Garrett's  further  motion,  the  said  report  was  ordered  to  be  spread  up- 
on the  Jour  nals,  the  same  being  as  follows,  viz  : 

SECRETARY'S  OFFICE, 

Nashville,  June  10,  1834. 
To  the  Honorable  Convention  now  in  session  to  revise  and  amend  tha 
Constitution  of  the  State  of  Tennessee. 
In  obedience  to  your  resolution  of  the  31st  May,  I  have  the  honoF 


79 

to  report,  that  the  number  of  applicants  for  divorces  made  to  the  Le- 
gislature within  the  last  six  years,  is  as  follows  :  males  95,  females 
(58 — total  163.  And  that  the  number  of  divorces  granted  by  the  Le- 
gislature within  the  same  period,  is  as  follows:  males  27,  females  33 
— total  60.  It  also  appears,  that  within  the  last  six  years,  the  Legis- 
lature has  authorized  96  individuals  to  hawk  and  peddle  and  retail 
spirituous  liquors  without  license — all  of  which  are  included  in  38  dif- 
ferent acts  of  Assembly. 

For  the  purpose  of  answering,  as  far  as  practicable,  the  third  inquiry 
contained  in  the  resolution,  the  following  statement  has  been  made, 
showing  the  number  of  public  and  private  acts  at  the  several  sessions, 
and  the  total  number  of  printed  pages  in  the  book. 

1829—107  Public  acts,        -  147  Pages. 

347  Private  do,     -  -  -  286     do 

1831— 112  Public  acts,  ...      127     do 

284  Private  do     -  -      233     do 

1832—  42  Public  acts,          ....         53     do 
116  Private  do     -  -       147     do 

1833—  91  Public  acts,  -        -        -         -         117     do 
305  Private  do  -      179     do 

There  is  no  evidence  in  the  office  to  ascertain  with  any  degree  of 
certainty  the  time  consumed  in  local  and  private  legislation.  As  far  as 
has  come  within  my  observation,  the  bills  containing  provisions  for 
special  causes  do  not  consume  as  much  time  in  deliberation  and  discus- 
sion, as  bills  containing  provisions  of  a  general  character. 

Respectfully  submitted, 

SAM  G.  SMITH. 

On  motion  of  Mr  CAHAL,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto,  and  after  some  time  spent  in  consideration  there- 
of, the  committee  rose,  reported  progress,  asked  and  obtained  leave  to 
sit  again. 

Mr  NELSON,  of  White,  who  on  the  9th  inst  obtained  leave  of  ab- 
sence for  a  few  days,  returned  and  took  his  seat. 

Mr  CAHAL  moved  to  discharge  the  Committee  of  the  Whole  from 
the  further  consideration  of  the  2nd,  3rd  and  4th  sections  of  the  1st 
article  of  the  Constitution,  but  before  any  question  was  had  thereon, 

Mr  GARRETT  moved  that  the  Convention  adjourn  till  9  o'clock  on 
Monday  morning  next  ;  which  motion  prevailed, 

And  the  convention  adjourned. 


Th 

with 
Chun 


MONDAY,  JUNE  16,  1834, 


e  Convention  met   according  to  adjournment,  and  was  opened 
prayer,  by  the  Rev.  Mr  Greene   of  the  Methodist   Episcopal 

urch. 

Mr  CHEATHAM  presented  a  memorial  from  sundry  citizens  of  Rob* 


80 

ertson  county,  on  the  subject  of  emancipation,  which,  on  his  motion, 
was  referred  to  the  select  committee  on  that  subject. 

Mr  LOVING  submitted  the  following: 

Resolved^  That  the  basis  of  representation  shall  be,  free  white  tax- 
able inhabitants  or  qualified  voters,  as  may  be  hereinafter  in  this  Con- 
stitution provided  for. 

Resolved^  That  the  House  of  Representatives  shall  consist  of  sixty- 
five  members  until  the  year  1842,  of  which  the  following  counties  shall 
have  each  two  to  wit:  Bedford,  Davidson,  Lincoln,  Maury,  Rutherford, 
Smith,  Wilson  and  Williamson,  and  all  the  other  counties  one,  except 
the  counties  of  Anderson,  Campbell,  Cocke,  Hamilton,  Marion,  Mor- 
gan, Sevier,  Fentress,  Dyer  and  Obion,  which  shall  be  provided  for  as 
follows:  The  counties  of  Marion  and  Hamilton  shall  compose  one 
district,  and  have  one  member;  the  counties  of  Anderson  and  Morgan 
shall  compose  one  district,  and  have  one  member;  the  counties  of 
Campbell  and  Fentress  shall  compose  one  district,  and  have  one  mem- 
ber; the  counties  of  Cocke  and  Sevier  shall  compose  one  district,  and 
have  one  member;  and  the  counties  of  Dyer  and  Obion  shall  compose 
district,  and  have  one  member.  After  which  time,  the  number  of 
Representatives  shall  be  apportioned  by  the  Legislature  in  districts, 
upon  the  basis  of  qualified  voters,  at  such  ratio  as  not  to  exceed  seven- 
ty-five, until  the  population  shall  amount  to  one  million  and  a  half,  and 
then  at  such  ratio  as  never  to  exceed  ninety-nine  members. 

On  motion  of  Mr  LOVING,  the  rule  requiring  resolutions  to  lie  on  the 
table  for  one  day,  was  suspended,  and  said  resolution  was  then  refer- 
ed  to  the  Committee  of  the  Whole. 

Mr  SMITH  made  a  motion  that  he  be  excused  from  serving  on  the 
committee  of  new  counties — and  that  Mr  Allen  be  appointed  in  his 
place,  and  the  question  being  had  on  agreeing  thereto,  it  was  deter- 
mined in  the  affirmative. 

Mr  LEDBETTER  made  a  motion  to  take  up  the  report  of  the  select 
committee,  in  relation  to  the  number  of  the  Journals  of  this  Con- 
vention to  be  printed  for  distribution,  which  motion  he  afterwards 
withdrew. 

Mr  GORDON  made  a  motion  to  reconsider  the  resolution  concurring 
in  said  report,  which  motion  prevailed. 

Mr  KIMBROUGH  made  a  motion  to  recommit  said  report  to  the  com- 
mittee, with  instructions  to  report  the  number  of  captains'  companies 
in  the  state,  and  the  question  being  taken  on  agreeing  thereto,  it  was 
determined  in  the  affirmative. 

Mr  CAHAL  made  a  motion  to  take  up  the  motion  made  by  him  on 
Saturday,  to  discharge  the  Committee  of  the  Whole  from  the  further 
consideration  of  the  2nd,  3rd  and  4th  sections  of  the  1st  article  of  the 
existing  Constitution:  which  motion  prevailed;  and  the  question  be- 
ing had  on  the  motion  to  discharge,  it  was  determined  in  the  negative. 

Mr  NELSON  introduced  the  following: 

Whereas,  as  it  is  of  the  utmost  importance  in  a  free  government, 
that. all  officers  should  be  sufficiently  responsible  to  the  people,  and  .at 


81 

the  same  time  possessed  of  competent  qualifications  to  discharge  the 
important  duties  devolving  on  them;  and  whereas,  also,  it  is  in  accor- 
dance with  the  spirit  of  our  government,  that  all  officers  should  be  de- 
pendent upon  the  people  they  are  elected  to  serve;  therefore, 

1st.  Resolved,  That  all  county  officers  should  be  elected  by  the  people, 
at  such  periods  as  will  secure  a  direct  responsibility,  and  that  Clerks 
of  the  circuit  courts,  should  also  be  elected  by  the  people,  under  the 
following  restrictions  :  let  every  citizen  of  the  country  enjoy  the  free 
privilege  of  offering  himself  as  a  candidate  for  that  appointment ;  but 
let  the  respective  candidates  obtain  from  the  Judge  of  the  judicial  cir- 
cuit in  vvhich  they  reside,  a  certificate  of  competent  qualifications;  after 
which,  let  them  all  submit  their  claims  to  the  free  suffrages  of  the  quali- 
fied voters  of  the  county. 

2nd.  Resolved,  That  Registers  of  Land  Offices  should  be  elected  at 
stated  periods,  by  the  people  of  the  respective  districts  throughout  the 
State. 

On  motion  of  Mr  M'GAUGHEY,  the  Convention  then  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  2d,  3d 
and  4th  sections  of  the  1st  article  of  the  existing  Constitution  and  the 
various  amendments  to  them  referred;  and  after  some  time  spent  in 
consideration  thereof,  the  Committee  rose,  reported  progress,  asked 
and  obtained  leave  to  sit  again. 

Mr  GREENE  submitted  the  following: 

1st.  Resolved,  That  each  of  the  counties  in  this  State  shall  have  one 
representative,  and  each  county  which  now  has,  or  shall,  at  the  several 
times  of  taking  the  enumeration,  contain  two  thousand  five  hundred 
qualified  electors,  shall  have  two  representatives  and  no  more;  pro- 
vided, that  no  new  county  hereinafter  organized,  shall  be  entitled  to 
a  separate  Representative,  until  the  qualified  voters  in  such  new  coun- 
ties shall  be  one  thousand. 

2nd.  Resolved,  That  the  Senate  shall  be  composed  of  one  third  of 
the  number  of  Representatives,  and  at  the  several  times  of  taking  the 
enumeration  shall  be  apportioned  among  the  several  counties  on  the 
basis  of  qualified  voters. 

The  President  presented  a  memorial  from  sundry  citizens  of  Blount 
county,  on  the  subject  of  emancipation;  which  was  read,  and  on  mo- 
tion referred  to  the  select  committee  on  that  subject. 

Mr  WALTON  presented  the  memorial  of  sundry  citizens  of  Smith 
county,  on  the  subject  of  new  counties;  which  was  on  motion  of  Mr 
Walton,  referred  to  the  select  committee  on  the  subject  of  new  coun- 
ties. 

Mr  M'CLELLAN  presented  the  memorial  of  sundry  citizens  of  Su- 
livan  county  on  the  subject  of  education;  which  was  read,  and  on 
his  motion,  referred  to  the  select  committee  on  that  subject. 

Mr  DOUGLASS  submitted  the  following 

Resolved,  That  the  26th  section  of  the  1st  article  of  the  Constitu- 
tion be  so  amended  as  to  tax  land,  town  lots  and  negroes,  according  to 
value,  to  be  assessed  by  the  owners;  and  that  negroes  from  ten  to  fifty 

J 


82 

years  of  age  only  shall  be  taxed  nor  shall  the  improvements  on  land  be 
taken  into  view,  in  estimating  its  value,  except  of  houses  of  greater 
value  than  one  thousand  dollars. 

Mr  SMITH  presented  a  map  or  plat  of  Smith  county,  which  on  his 
motion  was  referred  to  the  select  committee  on  new  counties. 

On  motion  of  Mr  Porter,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  and  asked,  and  obtain- 
ed leave  to  sit  again. 

And  then  the  Convention  adjourned. 

TUESDAY,  June  17,  1834. 

The  Convention  met  acccording  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Hess  of  the  Cumberland  Presbyterian 
Church. 

Mr  ARMSTRONG  presented  sundry  memorials  from  the  citizens  of 
Overton  county,  on  the  subject  of  emancipation,  which  on  his  motion 
were  referred  to  the  committee  on  that  subject.- 

Mr  BURTON  submitted  the  following  : 

1st.  Resolved,  That  the  1st  section  of  the  6th  article  of  the  pres- 
ent Constitution  be  so  amended,  that  the  sheriffs  in  each  county  shall 
be  elected  by  the  qualified  voters  therein  for  the  term  of  two  years; 
and  that  the  office  of  county  trustee  be  dispensed  with,  and  that  the 
duties  of  that  office  be  performed  by  the  sheriffs  of  the  respective 
counties. 

2nd.  Resolved,  That  the  offices  of  register  and  ranger  be  dispens- 
ed with,  and  that  the  duties  that  at  present  appertain  to  those  office.-*, 
be  performed  by  the  clerks  of  the  several  county  courts;  and  that  the 
clerks  of  the  county  courts  be  elected  by  the  qualified  electors  in  each 
county,  for  the  period  of  six  years. 

Mr  GORDON,  the  following  : 

Resolved,  That  the  loth  section  of  the  1st  article  of  the  Constitu- 
tion be  amended  as  follows  :  "Each  House  shall  mature  its  own  bills 
before  transmission  to  the  other,  and  each  bill  shall  be  read  once  on 
three  different  days  in  each  House,  and  be  signed  by  the  respective 
Speakers  before  it  becomes  a  law." 

Mr  ARMSTRONG,  the  following: 

1st.  Resolved,  That  so  much  of  the  20th  section  of  the  1st  article, 
as  relates  to  the  manner  and  form  of  allowing  compensation  to  prose- 
cuting attorneys  for  the  State,  be  amended  as  follows  :  "That  said  at- 
torneys shall  receive  a  compensation  for  their  services  to  be  ascertain- 
ed by  law,  and  shall  not  receive  any  other  fees  of  office  whatever,  in 
any  manner  or  fonn." 

2nd.  Resolved,  Th-it  all  lands  or  town  lots  held  by  gr  -nt,  deed  or 
entry,  and  slaves,  shall  be  taxed  agreeably  to  a  true  valuation  of  the 
Sfme. 

3rd    Resolved,  That  tach  and  every  person  hereafter,  who  may  be 


83 

ele2ted  to  the  General  Assembly,  shall  not  be  eligible  to  fill  any  office 
in  the  gift  of  the  General  Assembly,  for  the  term  of  time  for  which  he 
was  elected. 

4th.  Resolved,  That  it  is  expedient,  that  the  General  Assembly 
should  be  authorized  to  pass  such  laws  as  may  be  necessary  and  pro- 
per to  decide  differences  by  an  arbitration  system. 

5th.  Resolved,  That  each  and  every  free  male,  who  has  arrived  to 
the  age  of  eighteen  years,  shall  be  considered  a  qualified  voter  in  all 
elections  made  by  the  people. 

Mr  HESS,  the  following: 

1st.  Resolved,  That  a  Lieutenant  Governor  shall  be  chosen  at  every 
election  for  Governor,  in  the  same  manner,  continue  in  office  for  the 
same  time,  and  possess  the  same  qualifications  as  the  Governor. 

2nd.  Resolved^  That  the  Lieutenant  Governor  shall,  by  virtue  of  his 
office,  be  Speaker  of  the  Senate,  have  a  right  when  in  Committee  of 
the  Whole,  to  debate  and  vote  on  all  subjects  ;  and  when  the  Senate 
are  equally  divided  to  give  the  ca-ting  vote. 

3rd.  Resolved^  That  in  case  of  an  impeachment  of  the  Governor, 
his  removal  from  office,  death,  refusal  to  qualify,  resignation,  or  ab- 
sence from  the  State,  the  Lieutenant  Governor  shall  exercise  all  the 
power  and  authority  appertaining  to  the  office  of  Governor,  until  anoth- 
er be  duly  qualified,  or  the  Governor  absent  or  impeached,  return  or 
be  acquitted. 

4th.  Resolved,  That  whenever  the  Government  shall  be  adminis- 
tered by  the  Lieutenant  Governor,  or  he  shall  be  unable  to  attend  as 
Speaker  of  the  Senate,  the  Senate  shall  elect  one  of  their  own  mem- 
bers as  Speaker  for  that  occasion  ;  and  if  during  the  vacancy  of  the 
office  of  Governor,  the  Lieutenant  Governor  shall  die,  be  absent  from 
the  State,  or  in  any  way  disqualified,  the  Speake^1  of  the.  Senate  shall 
exercise  all  the  power  and  authority  appertaining  to  the  office  of  Go- 
vernor. 

5th.  Resolved,  That  the  Lieutenant  Governor,  while  he  acts  as 
Speaker  of  the  Senate,  shall  receive  for  his  services,  the  same  com- 
pensation as  shall  for  the  same  period  be  allowed  to  the  Speaker  of  the 
House  of  Representatives,  and  no  more.  And  during  the  time  he 
may  administer  the  Government  as  Governor,  shall  receive  the  same 
compensation  as  the  Governor  would  have  received  and  been  entitled 
to  for  the  same  period  of  service. 

6th.  Resolved,  That  the  Speaker  pro  tempore  of  the  Senate,  during 
the  time  he  may  administer  the  Government,  shall  receive  the  same 
compensation  as  the  Governor  would  have  received  had  he  been  em- 
ployed in  the  duties  of  his  office. 

7th.  Resolved,  That  if  the  Lieutenant  Governor  shall,  during  the 
time  for  which  he  may  administer  the  Government,  die,  resign,  or  be- 
come legally  disqualified,  in  the  recess  of  the  General  Assembly,  it 
shall  be  the  duty  of  the  Secretary  of  State,  for  the  time  being,  to  con- 
vene the  Senate  for  the  purpose  of  choosing  a  Speaker. 

And  Mr  SMITH,  the  following: 


84 

Resolved,  That  the  20th  section  of  the  1st  article  be  so  amended, 
that  the  Legislature  shall  not  allow  the  following  officers  of  Govern- 
ment greater  annual  salaries  than  as  follows  :  the  Governor  not  more 
than  ;  the  Judges  of  the  Superior  Courts,  not  more  than  ;  the 
Secretary  not  more  than  ;  the  Treasurer  or  Treasurers  not  more 
than  p.  ct.  for  receiving  and  paying  out  moneys ;  the  Attorney  or 
Attorneys  for  the  State,  shall  receive  a  compensation  not  exceeding 
for  each  couit  which  he  or  they  may  attend.  That  no  member  of 
the  General  Assembly  shall  receive  more  than  three  dollars  per  day, 
nor  more  than  three  dollars  for  every  thirty  miles  travelling. 

Mr  PURDY  called  up  the  resolution  heretofore  introduced  by  him, 
proposing,  that  the  different  counties  in  this  State  be  laid  off  into  dis- 
tricts or  townships,  and  also  an  amendment  to  the  12th  section  of  the 
5th  article  of  the  present  Constitution. 

Mr  CAHAL  moved  to  amend  said  resolutions,which  amendment  was 
accepted  by  Mr  Purdy  ;  and  the  resolution  when  amended,  read  as 
follows;  to  wit : 

1st.  Resolved,  That  a  select  committee  be  appointed  to  take  into 
consideration  the  expediency  of  so  amending  the  present  Constitution, 
that  the  different  counties  of  this  State  be  laid  off  into  districts  or 
townships,  so  that  there  shall  not  be  more  than  twelve  districts  in  each 
county,  which  shall  be  laid  off  according  to  law. 

2nd.  Resolved,  That  said  committee  also  inquire  into  the  expedi- 
ency of  so  amending  the  12th  section  of  the  5th  article  of  the  existing 
Constitution,  as  to  require  that  there  shall  be  two  Justices  of  the  Peace 
for  each  township,  to  be  elected  by  the  qualified  voters  thereof;  who 
shall  be  commissioned  by  the  Governor,  and  hold  their  offices  for  the 
term  of  five  years;  and  whose  jurisdiction  and  duties  shall  be  regu- 
lated by  law. 

Mr  PURDY  moved  to  refer  said  resolutions  to  a  select  committee  of 
five  members;  and  thereupon, 

Mr  SMITH  moved  its  reference  to  a  Committee,  consisting  of  one 
from  each  Senatorial  District;  which  motion  he  afterwards  with- 
drew: 

The  question  was  then  taken  on  referring  said  resolution  to  a  com- 
mittee of  five,  which  was  decided  in  the  affirmative  : 

Whereupon  the  President  appointed  Messrs  Purdy,  Cahal,  Cross, 
Robert  J.  M'Kinney  and  Douglass  said  committee, 

Mr  KENDALL  submitted  the  following: 

Resolved,  That  the  judicial  power  of  this  State  shall  be  vested  in  a 
circuit  court,  to  be  holden  in  each  county,  which  shall  have  exclusive 
jurisdiction  of  all  jury  causes  ;  and  a  supreme  court  of  appeals,  which 
shall  have  only  appellate  jurisdiction  ;  and  such  inferior  courts  as  the 
Legislature  shall  from  time  to  time  establish,  giving  such  inferior 
courts  jurisdiction  of  all  cases  of  debt,  due  by  note  or  liquidated 
accounts,  without  pleading. 

Mr  DOUGLASS  moved  the  reference  of  a  resolution,  submitted  by  him 
on  yesterday,  on  the  subject  of  taxation,  to  the  Committee  of  the 
Whole,  which  was  accordingly  done. 


85 

On  motion  of  Mr  STEPHENSON,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto  ;  and  after  some  time  spent  in  the  considera- 
tion thereof,  the  committee  rose,  reported  progress,  a?ked  and  obtain- 
ed leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 

WEDNESDAY,  JUNE  18,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev  Mr  Greene  of  the  Methodist  Episcopal  church. 

Mr  ARMSTRONG  presented  sundry  memorials  from  the  citizens  of 
Overton  county,  on  the  subject  of  emancipation,  which  were  severally 
read  and  referred  to  the  committee  on  that  subject. 

Mr  KIMBROUGH  submitted  the  following  : 

Resolved,  That  this  Convention  make  some  provisions,  authorizing 
the  General  Assembly  of  the  State  of  Tennessee,  from  time  to  time, 
to  propose  to  the  citizens  of  this  State  a  system  of  emancipation, (with- 
out prejudice  to  the  owners  of  slaves  or  embarrassment  to  the  State,) 
and  if  one  half  or  two  thirds  of  the  citizens  (as  may  be  agreed  upon  by 
this  Convention)  voting  for  members  of  the  General  Assembly,  shall 
vote  in  favor  of  any  system  of  emancipation  proposed  and  submitted 
to  them  by  the  Legislature,  it  shall  be  adopted  by  the  next  succeeding 
General  Assembly  of  the  State,  and  become  the  law  of  the  land  forev- 
er thereafter. 

And  the  following: 

1  st.  Resolved,  That  the  supreme  court  of  the  State  of  Tennessee 
shall  be  composed  of  three  Judges;  that  they  shall  be  elected  by  the 
"General  Assembly,  for  the  term  of  years,  and  shall  go  out  of  office 
in  such  order,  that  after  their  first  election,  not  more  than  one  of  them 
ishall  be  elected  at  the  same  time. 

2nd.  Resolved,  That  the  circuit  court  Judges  shall  be  elected  by  the 
General  Assembly  for  the  term  of  years. 

Mr  BLOUNT,  the  following : 

1st.  Resolved,  That  on  the  subject  of  slavery,  the  General  Assembly 
hhall  have  no  power  or  authority  to  pass  laws  for  the  emancipation  of 
[slaves,  without  the  consent  of  their  owners  or  without  paying  their 
Jnvners,  previous  to  such  emancipation,  a  full  equivalent  in  money  for 
I  he  slaves  so  emancipated,even  in  any  special  case;  and  that  on  the  gen- 
I  ral  subject  of  emancipation  they  have  no  power.  That  the  General 
jVsscinbly  shall  have  no  power  to  prevent  emigrants  to  this  State,  from 
I  Tinging  with  them  such  persons  as  are  deemed  slaves  by  the  laws  of 
I  ny  one  of  the  United  States,  so  long  as  any  person  of  the  same  age 
I  T  description  shall  be  continued  in  slavery  by  the  laws  of  this  State. 
"hoy  shall  pass  laws  to  permit  the  owners  of  slaves  to  emancipate 
I  hem,  saving  the  rights  of  creditors  and  preventing  them  from  becom- 
( 'iga  charge  to  any  county  in  this  State.  That  they  shall  have  full.power 


86 

to  prevent  slaves  being  brought  into  this  State  as  property  or  merchan- 
dise: that  they  shall  have  full  power  to  prevent  any  slaves  being  brought 
into  this  State,  who  have  been  since  the  1st  day  of  January  1789,  or 
may  be  hereafter,  imported  into  the  United  States  from  a  foreign  coun- 
try. And  they  shall  have  full  power  to  pass  such  laws  as  may  be  ne- 
cessary to  oblige  the  owners  of  slaves  to  treat  them  with  humanity,  to 
provide  for  them  necessary  clothing  and  provisions,  to  abstain  from  all 
injuries  to  them  affecting  or  extending  to  life  or  limb;  and  in  case  of 
any  owner's  neglect  or  refusal  to  comply  with  the  directions  of  such 
laws,  such  slave  or  slaves  shall  be  sold  for  the  benefit  of  such  owner 
or  owners,  that  justice  to  the  oppressed  may  thereby  be  afforded. 

2nd.  Resolved,  That  in  a  prosecution  of  slave  or  slaves  for  felony, 
no  inquest  by  a  grand  jury  shall  be  necessary  ;  but  the  proceedings  in 
such  prosecutions  shall  be  regulated  by  law,  excepting  and  providing, 
that  the  General  Assembly  shall  have  no  power  to  deprive  such  slave 
or  slaves  from  an  impartial  trial  by  a  petit  jury. 

3rd.  Resolved*  That  this  Convention  make  no  other  or  further  pro- 
vision on  the  subject  of  slavery,  or  emancipation,  than  as  above  ex- 
pressed, nor  shall  the  Legislature  have  or  exercise  any  other  power 
over  either  of  said  subjects. 

Mr  SMITH  moved  to  dispense  in  future  with  stating  on  the  Journal 
of  the  Convention,  the  aenOmination  to  which  the  officiating  minister 
belongs: 

And  the  sense  of  the  Convention  being  had,it  was  determined  in  the 
negative. 

Sir  ALLEN  submitted  the  following: 

Resolved,  That  when  any  part  of  the  Constitution  is  under  consid- 
eration in  Committee  of  the  Whole,  it  is  expedient  that  any  change 
proposed,  be  offered  in  the  shape  of  an  amendment  designating  the  line 
or  word  in  the  printed  Constitution,  at  which  such  amendment  com- 
mences and  ends. 

Mr  BURTON  called  up  the  resolution  introduced  on  yesterday  by 
him,  proposing  to  amend  the  1st  section  of  the  6th  article  of  the  pres- 
ent Constitution;  which  on  his  motion  was  referred  to  the  Committee 
of  the  Whole. 

Mr  MABRY  moved  to  take  up  a  resolution  introduced  by  him  on  the 
13th  June,  prohibiting  the  sale  of  slaves  by  virtue  of  executions ; 
which  was  taken  up  and  read:  and  he  thereupon  moved  its  reference  to 
the  committee  on  Propositions  and  Grievances. 

Mr  CAHAL  moved  that  said  resolution  be  referred  to  a  select  com- 
mittee, consisting  of  three  members;  which  motion  prevailed:  and 

The  PRESIDENT  appointed  Messrs  Mabry,  Gillespy  and  Montgomery 
said  committee. 

Mr  ROBERTSON  submitted  the  following  : 

1st.  Resolved,  That  there  shall  be  appointed  only  one  justice  of  the 
peace  for  each  captain's  company,  (except  the  company  including  the 
county  town,  ,which  shall  have  two  J which  justices  shall  be  elected  by 
the  qualified  voters  in  their  respective  captain's  companies,  for  a  term 
of  four  years,  and  shall  be  eligible  to  re-election. 


87 

2nd.  Resolvtl,  That  there  shall  be  appointed  in  each  battalion  only 
two  constables,  to  be  elected  by  the  qualified  voters  in  each  battalion, 
for  a  term  of  two  years,  and  eligible  to  re-election. 

On  motion  of  Mr  LEODETTER,  the  Convention  resolved  itsc4f  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
(hereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 

THURSDAY,  JUNE  19,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Greene  of  the  Methodist  Episcopal 
Church. 

Mr  SHARP  submitted  the  following : 

Resolved,  That  the  rate  of  toll  at  any  ferry  or  bridge,  on  any  river 
or  other  water  course  established  in  this  State  according  to  law,  shall 
be  fixed  by  the  county  courts,  or  by  such  other  inferior  courts  as  may 
be  established  by  law;  and  that  the  Legislature  shall  not  assess  the 
amount  of  toll  to  be  received  at  any  ferry  or  bridge  established  ac- 
cording to  law. 

On  motion  of  Mr  WALTON,,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

Mr.  JOHN  A.  M'KINNEY,  from  the  committee  to  whom  was  assign- 
ed the  duty  of  stating  the  reasons  that  governed  the  Convention,  in 
declining  to  act  upon  the  memorials  presented  to  them  on  the  subject 
of  slavery,  and  to  whom  these  memorials  were  referred,  stated  that 
said  committee  have  had  the  subject  under  consideration,  and  respect- 
fully submit  the  following 

REPORT. 

The  committee  are  fully  satisfied,  that  the  reasons  which  induced 
a  great  majority  of  the  members  of  the  Convention,  to  refuse  to  enter 
upon  a  lengthy  discussion  of  the  perplexing  question,  propounded  by 
the  memorialists,  were  the  utter  impracticability  of  the  plan  proposed 
in  the  memorials,  the  inexpediency  of  the  measure  if  it  could  have 
been  accomplished,  both  as  it  respected  the  dearest  interests  of  the 
whole  community,  and  particularly  of  the  slave  population  of  this 
State,  and  the  absolute  certainty  that  the  discussion  of  that  subject  in 
the  Convention,  would  produce  no  result  except  the  waste  of  time, 
the  expenditure  of  money,  and  the  destruction  of  that  harmony  among 


88     . 

the  members,  the  preservation  of  whieh,"was  so  necessary  for  the  accom- 
plishment of  the  great  work  the  people  of  Tennessee  sent  the  Con- 
vention here  to  perform.     The  committee  do  not  understand  the  Con- 
vention as  denying  the  truth  of  the  proposition  which  asserts  that 
slavery  is  an  evil.     To  prove  it  to  be  a  great  evil  is  an  easy  task,  but 
to  tell  how  that  evil  can  be  removed,  is  a  question  that  the  wisest 
heads  ahd  the  most  benevolent  hearts  have  not  been  able  to  answer 
in  a  satisfactory  manner.     If  slaves  in  the  United  States  were  of  the 
same  color  and  cast  of  the  other  members  of  the  community,  there 
would  be  but  little  difficulty  in  the  matter.     Slavery  once  existed  in 
the  land  of  our  ancestors,  but  there  it  has  long  ago  been  extinguished, 
because  there  the  slave   and  his  master  were  of  the  same  race  and 
wore  the  same  complexion,  and  when  the  shackles  of  slavery  fell  from 
the  hands  of  the  slave?  he  mingled  with  the  mass  of  the  community, 
and  there  was  no  trace  left  to  tell  his  descendants  that  their  ancestors 
ever  had  been  in  a  state  of  servitude.     But  the  African  slave  stands 
in  a  different  attitude — he  bears  upon  his  forehead  a  mark  of  separa- 
tion which  distinguishes  him  from  the  white  man — as  much  after  he  is 
a  free  man  as  while  he  was  a  slave.     And  although  it  may  bo  true  that 
"fleecy  locks  and  black  complexion  do  not  forfeit  nature'' s  claims" 
still  it  is  true  that  those  locks  and  that  complexion  mark  every  one  of 
the  African  race  so  long  as  he  remains  among  white  men,  as  a  person 
doomed  to  dwell  in  the  suburbs  of  society,  after  he  is  free  as  much  as 
when  he  was  a  slave  ;  the  gates  of  society  are  just  as  effectually  barred 
against  him,  and  he  is  as  truly  denied  the  privileges  of  membership 
with  the  rest  of  the  community  after  he  becomes  a  nominal  free  man 
as  while  he  is  a  real  slave.     But  this  is  not  all,  the  condition  of  a  free 
man  of  colour  surrounded  by  persons  of  a  different  cast  and  complex- 
ion is  the  most  forlorn  and  wretched  that  can  be  imagined.     He  is  a 
stranger  in  the  land  of  his  nativity,  he  is  an  outcast  in  the  place  of  his 
residence — he  has  scarcely  a  motive  to  prompt  him  to  virtuous  actions 
or  to  stimulate  him  to  honorable  exertions.     At  every  turn  and  cor- 
ner of  the  walks  of  life  he  is  beset  with  temptations,  strong,  nay,  al- 
most irresistable,  to  the  force  of  which  in  most  cases  he  may  be  ex- 
pected to  yield,  the  consequence  of  which  must  be  that  he  will  be  de- 
graded, despised  and  trampled  upon  by  the  rest  of  the  community. 
When  the  free  man  of  colour  is  oppressed  by  the  proud,  or  circum- 
vented by  the  cunning,  or  betrayed  by  those  in  whom  he  has  reposed 
confidence,  do  the  laws  of  the  land   afford  him  more  than  a  nominal 
protection?     Denied  his  oath  in  a  court  of  justice,  unable  to  call  any 
of  his  own  colour  to  be  witnesses   if  the  injury  he   complains  of  has 
been  committed  by  a  white  man,  how  many  of  his  wrongs  must  re- 
main unredressed — how  many  of  his  rights  be  violated  with  impunity 
— how  poor  a  boon  does  he  receive  when  receiving  freedom,  if  what 
he  receives  can  be  called  by  that  name.     Unenviable  as  is  the  condi- 
tion of  the  slave,  unlovely  as  slavery  is  in  all  its  aspects,  bitter  as  the 
draught  may  be  that  the  slave  is  doomed  to  drink,  nevertheless,  his 
condition  is  better  than  the  condition  of  the  free  man  of  colour  in  the 


89 

midst  of  a  community  of  white  men,  with  whom  he  has  no  common 
interest,  no  fellow  feeling,  no  equality.  If  the  slave  is  sick,  he  has  a 
master  or  mistress  whose  own  interest  will  prompt  them  to  furnish 
him  with  food  and  medicine  and  attendance  suited  to  his  situation;  but 
when  the  free  man  of  colour  is  laid  upon  a  bed  of  sickness,  who  cares 
for  him,  what  hand  supplies  his  wants,  who  will  step  to  his  humble 
bed  of  straw  arid  feel  his  pulse,  or  inquire  into  the  symptoms  of  his 
disease,  or  even  hand  him  a  cup  of  cold  water  to  allay  his  thirst?  The 
slave  is  almost  wholly  exempt  from  care,  when  his  day's  work  is  done 
he  lies  down  and  sleeps  soundly;  if  the  crops  are  destroyed  by  mildew 
or  blasting,  his  peace  of  mind  is  not  disturbed  thereby,  and  when  old 
age  overtakes  him,  and  his  limbs  require  rest  and  his  hands  can  work 
no  longer,  in  his  master's  house  the  law  has  provided  him  with  a  home 
and  secured  him  a  maintenance.  He  knows  not  at  any  time  what  it 
is  to  hear  his  children  ask  for  bread  when  he  has  none  to  give  them, 
they  too  are  provided  for.  But  who  supplies  the  wants  of  the  free 
man  of  colour,  when  old  age  overtakes  him  and  he  is  unable  to  pro- 
vide for  himself?  he  has  to  contend  with  all  the  ills  of  poverty,  aggra- 
vated by  a  sense  of  his  own  degraded  situation,  compared  with  those 
around  him.  The  cold  hand  of  charity  will  indeed  sometimes  throw 
him  the  crust  that  has  fallen  from  the  rich  man's  table,  but  even  these 
donations  he  will  not  at  all  times  receive,  when  they  are  greatly 
needed. 

The  Convention  do  not  impugn  the  motives  of  the  memorialists,  or 
in  any  manner  question  the  benevolence  of  their  hearts  or  the  recti- 
tude of  their  intentions ;  but  they  do  believe  that  the  memorialists 
have  not  sufficiently  considered  what  \vould  be  the  practical  result  of 
complying  with  the  prayer  of  their  petitions.  They  are  persuaded 
the  memorialists  have  not  calculated  how  the  adoption  of  the  plan  pro- 
posed by  them  would  affect  the  hopes,  the  prospects,  the  dearest  in- 
terests, of  the  very  persons  for  whom  they  feel  so  much  compassion; 
how  it  would  affect  the  happiness,  the  prosperity,  the  future  destinies 
of  this  State,  the  delegated  sovereignty  of  which  is  now  in  the  hands  of 
the  Convention;  or  in  what  manner  it  would  operate  on  the  interest  and 
happiness  of  the  great  family  of  nations,  of  which  the  State  of  Ten- 
nessee is  but  a  single  member,  and  to  all  of  whom  she  is  under  a  so- 
lemn obligation  to  consult  their  welfare  in  common  with  her  own.  Sup- 
pose the  prayer  of  the  memorialists  to  be  granted  to  the  full  extent  of 
their  wishes.  Suppose  a  provision  inserted  in  the  Constitution,  that 
the  children  of  all  slaves  born  after  a  certain  future  day,  should  be 
free  at  a  certain  age;  say  females  at  the  age  of  twenty-one,  and  males 
at  the  age  of  twenty-five  ;  what  would  be  the  inevitable  consequence? 
Not  what  the  memorialists  suppose,  but  a  totally  different  state  of 
things.  Slaves  might  indeed  be  banished  from  this  State,  but  they 
would  not  be  made  free;  they  would  not  indeed  be  slaves  in  the  State 
of  Tennessee,  but  they  would  be  slaves  in  Alabama,  Mississippi,  Lou- 
siana,  Missouri  or  Arkansas:  and  would  that  better  their  condition? 
Who  supposes  that  it  would?  Who  does  not  know  that  it  would  not? 


90 

The  Convention  could  not  overlook  the  certainty  that  a  speedy  re 
moval  of  the  slaves  from  this  State,  would  be  the  inevitable  conse- 
quence of  any  interference  on  their  part  with  the  subject  of  slavery. 
They  know  full  well  that  to  banish  slavery  from  the  State,  is  one  thing, 
but  to  make  the  slaves  free,  is  altogether  a  different  matter.  They  be- 
lieve that  before  any  provision  that  might  be  inserted  in  the  Consti- 
tution, could  operate  by  the  emancipation  of  a  single  slave,  the  great- 
er part  of  these  unfortunate  beings  would  be  carried  beyond  the  lim- 
its of  the  State,  and  be  placed  forever  out  of  the  reach  of  the  opera- 
tion of  the  Constitution,  or  of  any  law  that  might  be  enacted  under 
its  provisions.  And  could  this  be  prevented?  Could  the  Convention, 
or  the  Legislature,  or  the  courts  of  justices  issue  any  mandate  to  pre- 
vent the  owners  of  slaves  from  removing  them  beyond  the  limits  of 
this  State,  and  selling  or  settling  them  in  other  States,  to  the  south  and 
west  of  us?  Surely  this  could  not  be  clone.  No  one  will  say  it  could! 
Nor  need  the  fact  be  concealed ;  that  after  the  meeting  of  the  Conven- 
vention,  and  before  any  order  had  been  taken  on  the  memorials  on 
the  subject  of  emancipation,  laying  on  their  table  news  reached  the 
members  from  various  quarters,  that  owners  of  slaves  were  in  readi- 
ness to  remove  them  to  other  States,  if  the  Convention  took  a  single 
step  in  the  matter  to  the  prejudice  of  what  they  considered  their  vest- 
ed rights.  The  Convention  believed  that  a  benevolent  regard  for  the 
slave  population  of  this  State  prohibited  them  from  granting  the  pray- 
er of  the  memorialists. 

The  interference  of  the  Convention  in  this  matter,  would  have 
thrown  a  firebrand  into  the  community,  and  kindled  strife  that  would 
not  be  extinguished  for  years  to  come;  and  in  doing  so,  they  would 
have  pulled  down  ruin  on  the  head  of  the  slave,  instead  of  having 
ameliorated  his  condition.  The  Convention  are  persuaded,  that  while 
slavery  exists  in  the  United  States,  it  is  expedient,  both  for  the  benefit 
of  the  slave  and  the  free  man,  that  the  staves  should  be  distributed 
over  as  large  a  territory  as  possible;  as  thereby  the  slave  receives  bet- 
ter treatment,  and  the  free  man  is  rendered  more  secure.  They  know 
full  well,  that  though  slavery  has  been  recently  banished  from  some  of 
the  States  in  the  Union,  yet  while  these  States  were  legislating  on 
the  subject,  many  of  the  unhappy  slaves  themselves  were  transported 
by  land  and  by  water  to  the  southern  States,  where  they  were  placed 
in  a  more  hopeless  state  of  bondage,  and  where  many  of  those  very 
slaves  still  remain.  They  were  satisfied  that  any  interference  on 
their  part,  on  this  delicate  subject,  would  not  in  any  manner  benefit 
the  slave;  while  at  the  same  time  it  would  have  a  direct  tendency  to 
bring  about  a  state  of  things,  that  might  make  the  stoutest  heart  trem- 
ble. Let  the  slaves  in  the  United  States,  by  the  operation  of  any 
cause  whatever,  be  congregated  together  within  the  bounds  of  three 
or  four  States;  so  that  they  can  ascertain  their  own  numbers  and 
strength,  concert  plans  among  themselves,  and  co-operate  with  each 
other;  then  what  is  prevent  a  servile  war?  one  of  the  greatest  cala- 
mities with  which  a  nation  can  possibly  be  afflicted.  It  cannot  be  de- 


91 

nied,  thatin  Tennessee,  slaves  are  treated  with  as  much  humanity  as 
in  any  part  of  the  world,  where  slavery  exists.  Here  they  are  well 
clothed  and  fed,  and  the  labor  they  have  to  perform  is  not  grievous 
nor  burdensome.  They  are  not  prohibited  from  attending  public  wor- 
ship on  Sundays,  and  frequently  they  are  taught  to  read  at  Sunday 
schools;  and  they  have  access  to  religious  instruction  and  the  means 
of  grace,  in  common  with  the  rest  of  the  community.  To  this,  there 
may  be  some  exceptions,  but  it  is  believed  they  are  few  and  far  be- 
tween. How  would  a  removal  of  the  slave  population,  from  this  State 
to  the  States  south  and  west  of  us,  operate  on  their  condition?  Would 
they  not  thereby  be  rendered  much  more  uncomfortable?  Would  they 
not  be  more  exposed  to  sickness  and  death  by  reason  of  the  unhealthi- 
ness  of  the  climate  to  which  they  would  be  removed?  The  ravages 
of  the  cholera  among  the  slave  population  in  Louisiana  speak  a  volume 
on  this  subject.  Would  they  enjoy  the  comforts  of  life  in  the  same 
abundance  they  now  do?  Would  not  their  future  prospects  of  deliv- 
erance from  bondage  be  rendered  more  distant  and  hopeless?  Are 
they  not  in  general  attached  to  the  homes  they  now  have?  And  do 
they  wish  to  change  them?  Who  does  not  know  that  the  slave  popu- 
lation of  this  State  are  even  now  waiting  with  trembling  anxiety  the 
result  of  the  deliberations  of  the  Convention  on  this  subject;  fearing 
as  they  do,  that  a  removal  from  this  State  is  to  be  the  consequence?  If 
the  prayer  of  the  slave  population  of  this  State  could  be  heard  on 
this  subject,  it  would  be  that  the  prayer  of  the  memorialists  might 
not  be  granted. 

It  is  not  intended  to  draw  a  comparison  between  the  situation  of  the 
slave  population  in  Tennessee  and  the  situation  of  the  laboring  peas- 
antry in  European  countries;  but  it  is  confidently  believed,  if  that 
comparison  were  made,  the  situation  of  the  slave  in  Tennessee  would 
be  found  vastly  preferable. 

But  suppose  a  provision  to  be  inserted  in  the  Constitution,  that  the 
children  of  all  slaves  in  the  State  of  Tennessee,  to  be  born  after  a 
certain  day  should  be  free;  and  suppose  (which  cannot  be  done  con- 
sistently with  truth)  that  the  slaves  would  not  be  removed,  but  would 
be  permitted  to  remain  where  they  now  are,  what  then  would  be  the 
consequence?  Would  not  a  scene  most  appalling  be  exhibited  in  pro- 
cess of  time?  The  slave  population  in  Tennessee  in  1830,  amounted 
to  142,530,  and  it  cannot  be  doubted  that  it  now  amounts  to  150,000 — 
what  will  probably  be  the  number  of  slaves  in  this  State,  when  the 
time  arrives  that  any  provision  that  the  Convention  would  make  for 
their  emancipation  would  go  into  operation.  That  they  would  amount 
to  200,000,  is  a  moderate  calculation.  What  then  would  be  the  con- 
dition of  the  community,  with  such  a  multitude  of  human  beings  turn- 
ed loose  in  society,  with  all  the  habits,  morals,  and  manners  of  the 
slave,  with  only  the  name  and  nominal  privileges,  but  without  any  of 
the  real  blessings  of  liberty,  or  the  real  privileges  of  the  freeman?  Would 
not  two  distinct  classes  of  people,  in  the  same  community  array  them- 
selves against  each  other,  in  perpetual  hostility  and  mutual  distrust? 


92 

Would  not  the  constant  collision  that  would  take  place  between  them, 
produce  a  feverish  excitement,  alike  destructive  to  the  happiness  01 
both  parties?  Would  not  the  condition  of  the  free  people  of  colour, 
under  the  operation  of  the  causes  already  enumerated,  be  more 
wrethed  than  the  condition  of  the  slaves.  Would  not  the  white  por- 
tion of  the  community  be  more  insecure  with  such  a  multitude  among 
them,  who  had  no  common  interest  with,  no  bond  of  union  to  that 
part  of  the  community,  with  whom  they  were  mixed,  and  yet  from 
whom  they  were  forever  separated  by  a  mark  of  distinction  that  time 
itself  could  not  wear  away?  The  people  of  colour,  numerous  as  they 
would  be,  with  no  kindred  feeling  to  unite  them  to  that  part  of  the 
community,  whom  they  would  both  envy  and  hate,  would  neverthe- 
less, have  at  their  command  a  portion  of  physical  strength  that  might 
and  probably  would  be  weilded  to  the  worst  of  purposes.  They 
would  look  across  the  southern  boundary  of  the  State,  and  there  they 
would  see  in  a  state  of  servitude,  a  people  of  their  own  colour  and 
kindred,  to  whom  they  were  bound  by  the  strong  bonds  of  consan- 
guinity, and  with  whom  they  could  make  a  common  cause,  and  would 
they  not  be  strongly  tempted  to  concert  plans  with  them,  to  extermi- 
nate the  white  man  and  take  possession  of  the  country.  They  would 
then  possess  the  means  of  consulting  together,  of  co-operating  with 
each  other,  and  let  it  not  be  forgotten,  that  they  would  be  animated 
by  every  feeling  of  the  human  heart  that  impels  to  action. 

Does  it  require  the  gift  of  prophecy  to  foretell  that  such  a  state  01 
things  could  not  exist,  without  endangering  the  peace,  the  prosperity, 
nay  the  very  existence  of  society;  without  jeopardizing  the  dearest 
interests  of  our  beloved  State.  Are  the  bloody  scenes  of  St.  Domin- 
go forgotten;  will  not  similar  causes  always  produce  similar  effects ; 
would  not  the  same  horrible  tragedy  be  acted  over  again  in  our  own 
country,  at  our  firesides,  and  in  our  bed  chambers?  Surely  the  Con- 
vention were  in  duty  bound  not  to*  meddle  with  a  matter,  their  inter- 
ference in  which,  could  have  accomplished  no  possible  good,  and  might 
have  produced  evils  beyond  the  power  of  calculation.  But  some  of 
the  memorialists  pray,  that  when  m#de  free,  the  people  of  colour  may 
be  sent  from  among  us  and  colonized.  Have  they  counted  the  cost  of 
such  an  enterprize?  Would  a  million  of  dollars  be  sufficient  to  send 
the  free  people  of  colour  to  Africa?  Where  else  could  they  be  sent? 
Where  could  the  money  be  procured? — Could  it  be  raised  by  taxation; 
and  would  the  people  pay  it?  But  suppose  the  money  could  be  pro- 
cured, would  the  people  of  colour  consent  to  go  to  Africa?  And  be- 
ing then  free,  they  could  not  be  compelled  to  go  without  their  own 
consent.  These  are  grave  questions,  and  the  committee  think  that 
probably  the  memorialists  did  not  attentively  consider  them  before 
they  signed  their  names  to  the  memorials  now  on  the  table  of  the  Con- 
vention. 

But  the  friends  of  humanity  need  not  despair;  the  memorialists  need 
not  dread  that  slavery  will  be  perpetual  in  ourhighly  favoured  country. 
Providence  has  already  opened  a  door  of  hope,  which  is  every  day 


93 

opening  wider  and  wider.  On  the  coast  of  Africa,  the  foundation  of  a 
mighty  empire  is  already  laid,  and  thither  the  sons  and  daughters  of 
Africa,  made  free  by  the  consent  of  their  masters,  and  transported  by 
funds  furnished  by  the  benevolent,  shall  repair,  and  carrying  with  them 
the  blessings  of  civilization,  and  the  truths  and  consolations  of  Christi- 
anity, they  will  in  process  of  time  banish  idolatry,  ignorance  and  su- 
perstition from  that  wretched  land,  which  has  so  long  been  a  habitation 
of  horrid  cruelty.  This  plan  has  one  advantage  over  every  other  that 
has  been  proposed,  that  it  requires  the  consent  of  the  slave  to  be  col- 
onized as  a  condition  precedent  to  his  emancipation.  It  possesses 
another  advantage,  it  will  more  effectually  combine  the  energies  of  the 
wise,  and  the  good,  and  the  benevolent,  in  its  execution,  than  any  oth- 
er plan  that  has  been  devised.  The  ministers  of  our  holy  religion 
will  knock  at  the  door  of  the  hearts  of  the  owners  of  slaves,  telling 
every  one  of  them  to  let  his  bondman  and  his  bondwoman  go  free, 
and  to  send  them  back  to  the  land  of  their  forefathers,  and  the  voice 
of  these  holy  men  will  be  heard  and  obeyed,  and  even  those  who  lend 
a  deaf  year  to  the  admonitions  in  the  hour  of  health,  will,  on  a  bed  of 
sickness  and  at  the  approach  of  death,  make  provision  for  the  eman- 
cipation of  their  slaves,  and  for  their  transportation  to  their  home  on 
the  coast  of  Africa. 

In  this  way,  under  the  approving  smile  of  Heaven  $nd  the  fostering 
care  of  Providence,  slavery  will  yet  be  extinguished, in  a  way  that  will 
work  no  evil  to  the  white  man,  while  it  produces  the  happiest  effects 
on  the  whole  African  race.  The  last  thirty  years  has  produced  a  great 
change  in  public  sentiment  on  this  subject,  and  it  cannot  be  doubted 
that  the  next  thirty  years  will  produce  a  still  greater  one.  And  if 
misguided  fanatics,  in  those  parts  of  the  United  States  where  slavery 
does  not  now  exist,  will  only  refrain  from  intermeddling  in  a  matter,  in 
which  they  have  no  concern  and  in  which  their  interference  can  do  no 
possible  good  and  may  do  much  positive  evil,  slavery,  with  all  its  ills, 
will  be  extinguished  as  certainly  and  as  speedily  as  the  friends  ol  hu- 
manity have  any  reason  to  expect.  For  let  it  be  lemembered,  that 
there  is  an  appropriate  time  for  every  work  beneath  the  sun;  and  a  pre- 
mature attempt  to  do  any  work,  particularly  any  great  work,  seldom 
fails  to  prevent  success.  A  premature  attempt  on  the  part  of  a  sick 
man  to  leave  his  bed  and  his  chamber,  would  inevitably  prolong  his 
disease,  or  perhaps  place  it  beyond  the  power  of  medicine.  A  similar 
attempt  on  the  part  of  the  poor  man  to  place  himself  in  a  state  of  inde- 
pendence, by  engaging  in  some  plausible  but  imprudent  speculation, 
would  probably  involve  him  in  embarrassments,  from  which  he  could 
not  extricate  himself  throughout  the  whole  remaining  portion  of  his 
life.  So  a  premature  attempt  on  the  part  of  the  benevolent  to  get  rid 
of  the  evils  of  slavery,  would  certainly  have  the  effect  of  postponing  to 
a  far  distant  day,  the  accomplishment  of  an  event  devoutly  and  ardently 
desired  by  the  wise  and  the  good  in  every  part  of  our  beloved  country. 

JOHN  A.  M'KINNEY,  Chairman. 


94 

Mr  CANNON  moved  to  lay  the  foregoing  report -on  the  table,  which 
motion  he  afterwards  withdrew. 

Mr  DOUGLASS  moved  that  one  thousand  copies  of  the  report  be 
printed,  which  motion  he  afterwards  withdrew. 

Mr  KIMBROUGH  then  moved  that  said  report  lie  on  the  table  and 
be  made  the  order  of  the  day  for  Tuesday  next,  which  motion  pre- 
vailed. 

Mr  CANNON  submitted  the  following: 

Resolved,  That  the  26th  section  of  the  first  article  of  the  Constitu- 
tion shall  provide,  that  all  lands  held  by  deed,  grant  or  entry,  shall  be 
subject  to  taxation  according  to  its  value,  or  as  near  as  may  be  practi- 
cable, under  such  rules  and  regulations  as  may  from  time  to  time  be 
provided  by  the  Legislature,  which  shall  be  equal  and  uniform  through- 
out the  State  :  and  that  slaves,  town  lots,  and  all  other  property  or 
capital,  which  may  become  subject  to  taxation,  shall  be  on  the  same 
principle  and  ratio  ;  so  that  no  one  species  of  property  or  capital  of 
the  same  amount  or  value  shall  be  taxed  higher  than  another  in  this 
State,  and  the  tax  on  white  polls  shall  not  exceed  one  half  the  tax  on 
slaves. 

On  motion  of  Mr  NELSON,  the  Convention  again  resolved  stself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  sometime  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 

FRIDAY,  JUNE  20,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,, by  the  Rev.  Mr  Greene  of  the  Methodist  Episcopal 
Church.  * 

Mr  FOGG  from  the  committee  who  were  appointed  to  inquire  and  re- 
port what  number  of  Journals  of  the  Convention  should  be  printed  for 
distribution,  and  to  whom  was  recommitted  the  report  made  by  them 
on  the  29th  May  1834, 

Reported,  that  the  committee  have  again  had  the  subject  under  con- 
sideration, and  had  instructed  him  to  make  the  following  report ;  viz: 

That  they  cannot  ascertain  the  precise  number  of  captains'  compa- 
nies in  the  State,  as  no  exact  returns  have  lately  been  made,  but  the 
number  is  about  twelve  hundred. 

The  number  of  public  acts  distributed  after  the  last  session  were 
two  thousand  seven  hundred  and  ninety,  of  journals  one  thousand  three 
hundred  and  ninety  five,  of  private  acts  one  thousand  three  hundred 
and  ninety  five. 

Your  committee  further  state,  that  immediately  after  their  report  of 
the  29th  May  was  adopted,  fixing  the  minimum  number  of  journals  at 
six  thousand,  the  public  printers,  upon  the  faith  of  said  report,  made  a 


95 

written  contract  and  have  actually  purchased  paper  for  six  thousand 
copies,  and  it  would  be  an  act  of  injustice  and  a  serious  injury  to  the 
printers  if  the  number  were  reduced.  By  reference  to  the  journals  of 
the  House  of  Representatives  of  the  last  session,  the  number  of  legis- 
lative journals  distributed  to  each  county  will  be  seen,  and  the  distri- 
bution of  the  journals  of  the  Convention  can  be  made  in  the  same  pro- 
portion. The  committee  are  informed  that  the  printers  wish  to  be 
furnished  with  manuscript  from  which  to  print,  or  rather  be  instructed 
whether  they  shall  use  that  copy  which  has  been  furnished,  and  from 
which  the  daily  journals  are  published  :  it  will  be  advisable  to  appoint 
a  committee  to  compare  the  copy  with  the  journals,  and  to  superintend 
the  printing.  The  undersigned,  therefore,  recommend  the  appoint- 
ment of  a  committee  to  superintend  the  printing,  and  they  also  recom- 
mend that  the  former  resolutions  recommended  by  them  be  again  con- 
curred in. 

Respectfully  submitted, 

F.  B.  FOGG,  Chctirman. 

On  motion  of  Mr  FOGG,  ordered  that  said  report  lie  on  the  table 
until  Monday  morning  next. 

On  motionof  Mr  M'CLELLAN,  the  Convention  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  on  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto,  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 

SATURDAY,  JUNE  21,  1834, 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Greene  of  the  Methodist  Episcopal 
Church. 

Mr  M'GAUGHEY  submitted  the  following: 

Resolved,  That  this  Convention  will  adjourn  on  the  15th  day  of  Ju- 
ly next. 

On  motion  of  Mr  HESS,  ordered  that  the  resolutions  introduced  by 
him  on  the  15th  inst,  relative  to  the  Executive  Department,  be  refer- 
red to  the  Committee  of  the  Whole. 

On  motion  of  Mr  CAHAL,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto  ;  and  after  some  time  spent  the  in  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 


96 


MONDAY,  JUNE  23,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Edgar  of  the  Presbyterian  Church. 

The  PRESIDENT  presented  the  memorial  of  sundry  citizens  of  Jef- 
ferson, Grainger,  Hawkins  and  Greene  counties,  in  relation  to  a  new 
county;  which  was  read  and  referred  to  the  committee  on  new  coun- 
ties. 

Mr  DOUGLASS  presented  the  memorial  of  sundry  citizens  of  Wilson 
county,  on  the  subject  of  a  new  county  ;  which  was  referred,  on  his 
motion  to  the  same  committee. 

Mr  KINCANNON  presented  the  memorial  of  sundry  citizens  of  Giles, 
Lincoln,  Maury  and  Bedford  counties,  on  the  subject  of  a  new  county; 
which  was  read  and  referred  to  the  committee  on  new  counties. 

Mr  HUNTSMAN,  from  the  committee  on  privileges  and  elections, 
made  a  report  upon  the  contested  election  between  Col.  Alexander 
and  Col.  Ward,  which,  on  his  motion  was  laid  on  the  table,  and  on  his 
further  motion,  ordered  that  the  memorialist  or  his  counsel  have  leave 
to  examine  said  report. 

Mr  WEBSTER  presented  the  following: 

Whereas  due  time  for  reflection  and  mature  deliberation,  is  at  all 
times  and  in  all  cases  necessary  and  proper,  before  the  final  action  on 
subject  matters  of  vital  importance,  whether  by  the  sovereign  people 
themselves,  deliberative  bodies,  or  individuals  ;  therefore, 

Resolved,  That,  if  at  the  time  and  place  pointed  out  by  this  Con- 
vention, for  the  adoption  of  the  amended  Constitution  by  the  people, 
a  majority  of  the  qualified  voters  of  the  State  should  fail  or  refuse  to 
adopt  the  new  Constitution,  then  and  in  that  case  they  shall  have  the 
right  to  vote  for  or  against  it  at  each  and  every  election  under  the  old 
Constitution  for  representatives,  until  the  year  ,  and  should  it  ap- 
pear that  at  any  election  within  that  period,  a  majority  of  said  qualifi- 
ed voters,  voting  for  representatives,  have  voted  in  favor  of  the  amend- 
ed Constitution,  it  shall  be  the  duty  of  the  Legislature  next  ensuing, 
to  adopt  it  as  the  supreme  law  or  Constitution  of  the  State  of  Tennes- 
see: which  shall  be  and  remain  in  force  forever  thereafter. 

Mr  HUMPHREYS,  the  following: 

1st.  Resolved,  That  the  Judiciary  power  of  the  State,  shall  be  vest- 
ed in  one  supreme  court,  the  jurisdiction  of  which  shall  be  appellate  on- 
ly, and  co-extensive  with  the  State;  in  circuit  courts  and  such  other 
courts  subordinate  thereto,  as  the  Legislature  may  from  time  to  time 
direct^and  establish. 

2nd.  Resolved.  That  the  State  shall  be  divided  into  three  districts  : 
the  Eastern,  Middle  and  Western  ;  the  Eastern  District  shall  consist 
of  the  counties  of  ;  the  Middle  District  shall  consist  of  the  coun- 

ties of  ;  the  Western   District  shall  consist  of  the  counties  of 

.  And  the  supreme  court  shall  be  held  annually  at  some  one 
place  in  each  district  for  the  final  adjudication  of  all  causes  arising 
therein. 


97 

3rd.  Resolved,  That  there  shall  be  one  judge  selected  in  each  of 
said  districts,  by  the  direct  action  of  all  the  qualified  voters  therein; 
and  that  the  three,  so  selected,  shall  hold  their  offices  for  the  period  of 
nine  years,  and  shall  jointly  constitute  the  supreme  court  of  the 
State. 

4th.  Resolved,  That  the  Legislature  shall  divide  the  districts  into 
circuits,  and  that  the  qualified  voters  of  each  district  shall  elect  so  many 
circuit  judges  as  there  may  be  circuits  and  no  more,  who  shall  hold  their 
offices  for  the  period  of  nine  years;  Provided  always,  That  the  Legis- 
lature shall  have  power  so  to  fix  the  terms  of  service  of  the  first  judges 
who  may  be  elected  under  this  provision,  in  such  a  manner  that  their 
respective  terms  shall  expire  in  succession,  each  ending  in  three  years 
after  the  expiration  of  the  last;  and  that  such  succession  shall  contin- 
ue forever  thereafter.  And  provided  further,  That  the  legislature 
shall  have  power  to  divide  the  middle  into  two  election  districts,  if 
necessary. 

5th.  Resolved,  That  the  governor  shall  have  power  to  issue  writs 
of  election  to  fill  any  vacancies  which  .may  occur  ;  which  shall  not 
be  brought  on  sooner  or  later  than  twelve  months  after  such  vacan- 
cies may  have  taken  place.  During  said  period  of  one  year,  the  gov- 
ernor shall  have  power  to  fill  the  vacancy  ;  Provided  always,  That 
such  judges  so  appointed  or  elected,  shall  hold  their  offices  only  during 
the  unfinished  term. 

6th.  Resolved,  That  each  supreme  and  circuit  judge  shall  reside  in 
the  district  or  circuit  for  which  they  respectively  may  have  been  chos- 
en; that  they  shall  have  liberal  salaries  allowed  them,  which  shall  not 
be  increased  or  diminished  during  continuance  in  office. 

7th.  Resolved,  That  the  Legislature  shall  so  direct  the  holding  of 
the  circuit  courts,that  each  of  the  judges  of  the  different  circuits  of  the 
division  shall  preside  in  each  of  the  courts  of  his  division  in  succession, 
and  shall  also  have  power  to  transfer  the  judges  of  any  one  division  to 
any  other  division,  and  to  authorize  the  courts  to  transfer  the  trial  of 
causes  from  any  one  division  to  any  other  division,  or  from  any  one 
circuit  to  any  other  circuit ;  Provided  always,  That  the  same  shall  be 
done  by  general  standing  laws,  applicable  alike  to  all  cases  and  to  all 
judges. 

8th.  Resolved,  That  the  power  of  directing  impeachments  against 
any  judge,  shall  be  lodged  in  the  Legislature  by  a  joint  vote,  and  that 
all  impeachments  so  directed  shall  be  tried  by  three  judges  of  a  differ- 
ent division  and  a  jury,  as  at  common  law.  The  time,  place  and  mode 
of  trial,  both  with  regard  to  the  selection  of  the  judges  and  the  jury, 
shall  be  ascertained  and  regulated  by  general  standing  laws,  applicable 
alike  to  all  cases. 

9th.  Resolved,  That  any  judge  convicted  of  high  crimes  or  misde- 
meanors, or  of  any  malfeasance,  shall  be  forever  thereafter  disqualified 
from  holding  any  office  of  profit  or  honor  under  this  State;  and  that 
any  judge  convicted  of  neglect  of  duty  shall  never  thereafter  be  qual- 
ified to  hold  the  office  of  judge. 

K 


98 

Mr  RIDLEY,  the  following: 

Resolved,  That  the  governor,  judges  and  other  civil  officers  of  the 
State,  subject  under  the  present  Constitution  to  trial  by  impeachment, 
shall  be  tried  by  indictment  before  such  court  and  jury  as  this  Con- 
vention may  prescribe;  and  that  far  any  cause,  as  for  old  age,  &c.,  not 
constituting  a  crime  or  misdemeanor,  a  judge  shaH  be  removed  by  a 
vote  of  a  majority  of  both  Houses  of  the  General  Assembly. 

On  motion  of  Mr  CAHAL,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  consideration  thereof; 
the  committee  rose,  reported  progress,  asked  and  obtained  leave  to  sit 
again. 

Mr  WALTON  presented  the  memorial  of  sundry  citizens  of  Summer 
county,  on  the  subject  of  a  new  county,  which  \vas  read  and  referred 
to  the  Committee  on  that  subject. 

On  motion  of  Mr  GRAY,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitutisn  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  consideration  there- 
of, the  committee  rose,  reported  progress,  asked  and  obtained  leave 
to  sit  again. 

And  then  the  Convention  adjourned. 

TUESDAY,  JUNE  24, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Edgar  of  the  Presbyterian  Church. 

Mr  STEPHENSON  presented  the  memorial  of  sundry  citizens  of  Wash- 
ington county,  on  the  subject  of  education  ;  which  was  read  and  re- 
ierred  to  the  committee  on  that  subject. 

Mr  STEPHENSON  moved  to  take  up  the  report  of  the  committee  on 
the  subject  of  printing  the  journals  of  this  Convention,  made  on  the 
20th  inst. ;  whereupon  Mr  Fogg  moved  to  lay  said  report  on  the  table 
until  to-morrow;  which  prevailed. 

On  Mr  KIMBROUGH'S  motion,  the  report  made  by  Mr  John  A.  M'- 
Kinney,  from  the  committee  to  whom  was  assigned  the  duty  of  stating 
the  reasons  that  governed  the  Convention,  in  declining  to  act  upon  the 
memorials  presented  to  them  on  the  subject  of  slavery;  which  report 
was  made  on  the  19th  inst.  and  ordered  to  the  table,  was  taken  up. 

Mr  KINCAID  then  moved  to  strike  out  of  said  report  the  following  ; 
to  wit : 

t(But  this  is  not  all,  the  condition  of  a  free  man  of  colour  sur- 
rounded by  persons  of  a  different  cast  and  complexion  is  the  most 
forlorn  and  wretched  that  can  be  imagined.  He  is  a  stranger  in 
the  land  of  his  nativity,  he  is  an  outcast  in  the  place  of  his  resi- 
dence— he  has  scarcely  a  motive  to  prompt  him  to  virtuous  actions 
or  to  stimulate  him  to  honorable  exertions.  At  every  turn  and  cor- 


99 

ner  of  the  walks  of  life  he  is  beset  with  temptations,  strong,  nay,  al- 
most irresistable,  to  the  force  of  which  in  most  cases  he  may  be  ex- 
pected to  yield,  the  consequence  of  which  must  be  that  he  will  be  de- 
graded, despised  and  trampled  upon  by  the  rest  of  the  community. 
When  the  free  man  of  colour  is  oppressed  by  the  proud,  or  circum- 
vented by  the  cunning,  or  betrayed  by  those  in  whom  he  has  reposed 
confidence,  do  the  laws  of  the  land   afford  him  more  than  a  nominal 
protection?     Denied  his  oath  in  a  court  of  justice,  unable  to  call  any 
of  his  own  colour  to  be  witnesses  if  the  injury  he  complains  of  has 
been  committed  by  a  white  man,  how  many  of  his  wrongs  must  re- 
main unredressed — how  many  of  his  rights  be  violated  with  impunity 
— how  poor  a  boon  does  he  receive  when  receiving  freedom,  if  what 
he  receives  can  be  called  by  that  name.     Unenviable  as  is  the  condi- 
tion of  the  slave,  unlovely  as  slavery  is  in  all  its  aspects,  bitter  as  the 
draught  may  be  that  the  slave  is  doomed  to  drink,  nevertheless,  his 
condition  is  better  than  the  condition  of  the  free  man  of  colour  in  the 
midst  of  a  community  of  white  men,  with  whom  he  has  no  common 
interest,  no  fellow  feeling,  no  equality.     If  the  slave  is  sick,  he  has  a 
master  or  mistress  whose  own  interest  will  prompt  them  to  furnish 
him  with  food  and  medicine  and  attendance  suited  to  his  situation;  but 
when  the  free  man  of  colour  is  laid  upon  a  bed  of  sickness,  who  cares 
for  him,  what  hand  supplies  his  wants,  who  will  step  to  his  humble 
bed  of  straw  and  feel  his  pulse,  or  inquire  into  the  symptoms  of  his 
disease,  or  even  hand  him  a  cup  of  cold  water  to  allay  his  thirst?     The 
slave  is  almost  wholly  exempt  from  care,  when  his  day's  work  is  done 
he  lies  down  and  sleeps  soundly;  if  the  crops  are  destroyed  by  mildew 
or  blasting,  his  peace  of  mind  is  not  disturbed  thereby,  and  when  old 
age  overtakes  him,  and  his  limbs  require  rest  and  his  hands  can  work 
no  longer,  in  his  master's  house  the  law  has  provided  him  with  a  home 
and  secured  him  a  maintenance.     He  knows  not  at  any  time  what  it 
is  to  hear  his  children  ask  for  bread  when  he  has  none  to  give  them, 
they  too  are  provided  for.     But  who  supplies  the  wrants  of  the  free 
man  of  colour,  when  old  age  overtakes  him  and  he  is  unable  to  pro- 
vide for  himself?  he  has  to  contend  with  all  the  ills  of  poverty,  aggra- 
vated by  a  sense  of  his  own  degraded  situation,  compared  with  those 
around  him.     The  cold  hand  of  charity  will  indeed  sometimes  throw 
him  the  crust  that  has  fallen  from  the  rich  man's  table,  but  even  these 
donations  he  will  not  at  all  times  receive,  when  they  are  greatly 
needed.1' 

And  the  question  being  had  on  striking  out,  it  was  determined  in 
the  negative;  ayes  12,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Gillespy,  Gray,  Gordon,  Kelly,  Kin- 
caid,  Kimbrough,  Mabry,  M'Gaughey,  Marrand  Stephenson — 12. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Blount,  Cannon,  Childress,  Ca- 
hal,  Cobbs,  Cheatham,  Cross,  Fulton,   Fogg,  Garrett,  Hodges,   Hill, 


100 

Huntsman,  Humphreys,  Hess,  Kincannon,  Ledbetter,  Loving,M'Clel- 
lan,  Robert  J.  McKinney,  John  A.  M'Kinney,  Montgomery,  Neal, 
Porter,  Purely,  Roadman,  Richardson,  Ridley,  Robertson,  Senter, 
Smith,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White,  Webster  and 
Weakley— 42. 

The  question  then  recurred  upon  a  concurrence  with  said  report, 
which  was  determined  in  the  affirmative  ;  ayes  44,  noes  10. 

The  affirmative  voters  are, 

Messrs  Allen,  Alexander,  Burton,Blount,  Cannon,  Childress,  Cahal, 
Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Led- 
better, Loving,  M'Clellan,  John  A.  M'Kinney,  Montgomery,  Marr, 
Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Senter, 
Smith,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White,  Webster  and 
Weakley— 44. 

The  negative  voters  are, 

Messrs  Armstrong,  Bradshaw,  Gillesp}',  Kincaid,  Kimbrough,  Ro- 
bert J.  M'Kinney,  Mabry,  M'Gaughey,  IS'eal  and  Stephenson — 10. 

And  so  said  report  was  concurred  with. 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto;  and  after  some  time  spent  in  consid- 
eration thereof,  the  committee  rose,  reported  progress,  asked  and  ob- 
tained leave  to  sit  again. 

And  the  Convention  adjourned. 

WEDNESDAY,  JUNE  25, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Reverend  Mr  Edgar  of  the  Presbyterian  Church. 

On  Mr  FOGG'S  motion,  the  report  of  the  committee  who  were  ap- 
pointed to  inquire  and  report,  what  number  of  the  journals  of  this  Con- 
vention should  be  printed  for  distribution,  was  taken  up  : 

Mr  CHILDRESS  moved  to  strike  out  of  said  report,  the  words,  "six 
thousand,"  and  insert  twelve  hundred. 

Mr  MABRY  moved  to  strike  out  six  thousand  and  insert  two  thou- 
sand ;  which  motion  the  President  declared  out  of  order. 

Mr  M'CLELLAN  moved  a  division  of  the  question;  and  the  question 
being  had  on  striking  out,  was  determined  in  the  affirmative;  ayes  36, 
noes  19. 

The   ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are  : 

Messrs  President,  Allen,  Armstrong,  Bradshaw,  Burton,  Cannon, 
Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Gray,  Hodges,  Humph- 
reys, Kelly,  Kendall,  Loving,  M'Ciellan,  Robert  J.  M'Kinney,  Mabry, 
M'Gaughey,  Montgomery,  Neal,  Roadman,  Richardson,  Ridley,  Ro- 
bertson, Stephenson,  Senter,  Smith,  Ury,  Whitson,  Walton,  White, 
Webster  and  Weakley— 36. 


101 


The  negative  voters  are, 

Messrs  Alexander,  Blount,  Fulton,  Fogg,  .Gjllespy,  .Gordoji,  ,  Hill, 

- 


Huntsman,  Hess,   Kincannon,  Kincaid,  J^m-forcu^l}.  ,  Leol-ccter^   Jofyn 
A.  M'Kinney,  Marr,  Porter,  Purdy,  Sharp  and  Scott  —  19. 

Mr  M'CLELLAN  moved  to  fill  the  blank  with  three  thousand  : 

Mr  PORTER  moved  to  fill  the  blank  with  four  thousand  ;  and  the 
question  being  had  thereon,  it  was  determined  in  the  affirmative;  ayes 
38,  noes  17. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  President,  Alexander,  Bradshaw,  Blount,  Cannon,  Cheatham, 
Fulton,  Fogg,  Gillespy,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kincannon,  Kincaid,  Kimbrough,  Ledbetter,  Loving,  M'Clellan, 
M'Gaughey,  Montgomery,  Marr,  Neal,  Porter,  Purdy,  Roadman,  Rich- 
ardson, Senter,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White,  Webster 
and  Weakley  —  38. 

The  negative  voters  are, 

Messrs  Allen,  Armstrong,  Burton,  Childress,  Cahal,  Cobbs^  Cross, 
Gray,  Kelly,  Kendall,  Robert  J.  M'Kinney,  John  A.  M'lTinney, 
Mabry,  Ridley,  Robertson,  Stephenson,  and  Smith  —  17. 

The  question  was  then  had  on  a  concurrence  in  said  report  as  a- 
mended,  and  the  sense  of  the  Convention  being  had  on  agreeing  there- 
to, it  was  decided  in  the  affirmative. 

On  motion  the  Convention  again  resolved  itself  into  Committee  of 
the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing  Constitution 
and  the  various  resolutions  to  them  referred  proposing  amendments 
thereto;  and  after  some  time  spent  in  consideration  thereof,  the  com- 
mittee rose,  reported  progress,  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr  LEDBETTER, 

Ordered-,  That  Messrs  Cross,  Mabry,  Fogg  and  Purdy  be  added 
to  the  committee  on  the  common  school  fund. 

On  motion  of  Mr  HUNTSMAN, 

Ordered^  That  Messrs  Fogg,  Hess  and  Kincaid  be  appointed  a  com- 
mittee to  superintend  the  printing  of  the  journals  of  the  Convention; 

And  on  motion  of  Mr  KINCAID,  that  Messrs  Ury,  Kelly,  Purdy  and 
Robertson  be  added  to  said  committee. 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole, 
Mr  Cannon  in  the  Chair,  on  the  existing  Constitution  and  the  va- 
rious resolutions  to  them  referred,  proposing  amendments  thereto; 
and  after  some  time  spent  in  consideration  thereof,  the  committee  rose, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 
And  then  the  Convention  adjourned. 

THURSDAY,  JUNE  26,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Edgar  of  the  Presbyterian  Church. 
Mr.   STEPHENSON  presented  the  memorial  of  Jesse  J.  James  and 


102 

others,  pu(.the  subjes^of  education;  which  was  on  his  motion  referred 
to  the  committee  on  that  subject. 

GJ.'  motioi>  cf  Mv.,  HuKts^x,  ordered  that  the  report  of  the  Com- 
mittee on  privileges  and  elections,  made  upon  the  contested  election 
between  Col.  Alexander  and  Col.  Ward,  be  recommitted  to  said  Com- 
mittee. 

Mr.  STEPHENSON  presented  the  following  protest  for  himself  and 
others,  against  the  adoption  of  the  report  of  the  select  Committee,  to 
whom  was  referred  the  various  memorials  of  citizens  of  this  State  on 
the  subject  of  slavery  ;  which  report  was  made  to  the  Convention  on 
the  19th  inst.  and  moved  that  said  protest  be  spread  upon  the  journals: 
which  motion  prevailed  ;  and  which  protest  is  in  the  following  words, 
to  wit : 

"We  the  undersigned,  submit  the  following  reasons,  for  voting  a- 
gainst  the  adoption  of  the  report  of  the  Committee  on  the  subject  of 
slavery,  and  against  the  proceedings  of  the  Convention  in  relation  to 
the  numerous  memorials  on  that  subject  from  almost  every  portion  of 
the  State. 

1st.  We  believe  that  the  importance  of  the  subject,  deeply  involv- 
ing the  interest  and  safety  of  the  State,  both  in  a  political  and  moral 
point  of  view,  together  with  the  number  and  respectability  of  the  me- 
morialists, merited  from  this  Convention  a  more  respectful  notice  and 
consideration,  than  merely  to  appoint  a  Committee  of  three,  with  in- 
structions to  give  reasons  why  the  Convention  would  not  take  up  and 
consider  the  matter. 

2nd.  We  believe  the  principles  assumed  in  the  report,  and  the  ar- 
guments used  in  their  support,  are  in  their  tendency,  subversive  of  the 
true  principles  of  republicanism,  and  before  we  can  consistently  give 
them  our  unqualified  assent,  we  must  renounce  the  doctrine  that  "all 
men  are  created  equal,  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights  ;  that  among  these  are  life,  liberty  and 
the  pursuit  of  happiness."  Above  all,  we  believe  the  report  is  at  va- 
riance with  the  spirit  of  the  Gospel,  which  is  the  glory  of  our  land, 
the  precepts  and  maxims  of  which  are  found  in  the  Bible.  One  of  its 
excellent  rules  is,  "as  ye  would  that  men  should  do  unto  you,  do  ye 
even  so  unto  them."  Now  to  apply  this  golden  rule  to  the  case  of  the 
master  and  the  slave,  we  have  just  to  place  each  in  the  other's  stead; 
then  ask  the  question  honestly,  "What  would  I  that  my  servant,  thus 
placed  in  power,  should  do  unto  me  ?"  Surely,  (if  I  durst)  I  would 
say,  "  When  I  have  paid  to  you  with  usury  "a  full  equivalent  for  all  you 
had  expended,  in  procuring  me  and  providing  for  my  support  and  com- 
fort, you  ought  to  be  satisfied ;  this  is  all  stern  justice  can  require,  and 
humanity  and  a  regard  for  the  rights  of  man  would  desire  no  more. 
Why  then  do  you  not  permit  me  to  go  out  free  to  pursue  happiness  in 
my  own  way  ?" 

In  our  opinion,  the  committee  have  mistaken  the  object  of  the  me- 
morialists, when  they  say,  that  their  plans  cannot  be  carred  into  effect; 
when  in  fact  they  do  not  so  far  presume  to  dictate  to  the  Convention, 


103 


as  to  propose  a  plan,  except  that  some  of  them  say  something  about 
the  time,  and  hint  at  colonization  ;  but  only  respectfully  ask  the  Con- 
vention to  take  the  subject  under  their  consideration,  and  endeavor  to 
devise  some  means  by  which  the  State  will  ultimately  be  delivered 
from  the  curse  and  evil  of  slavery.  It  is  admitted  in  the  report,  that 
slavery  is  an  existing  evil.  If  then  it  is  a  moral  and  political  evil,  a 
remedy  may  be  found  ;  and  this  is  what  the  memorialists  ask  the  Con- 
vention to  endeavor  to  effect,  and  this  we  believe  was  not  unworthy 
their  serious  consideration. 

But  we  are  told  nature  has  placed  on  the  man  of  color  a  mark  of  dis- 
tinction, which  neither  time  or  circumstances  can  obliterate. 

We  admit  the  fact,  but  are  nevertheless  unable  to  perceive  in  that 
a  good  reason  for  denying  to  them  the  common  rights  of  man.  The 
words  of  eternal  truth  are,  that  God  has  made  of  one  blood  all  nations 
that  dwell  upon  the  earth,  and  the  undersigned,  in  the  language  of 
Cowper,  are  unwilling  to  "find  their  fellow  creature  guilty  of  a  skin 
not  colored  like  their  own";  nor  can  we  admit,  as  just,  the  rule  that 
would  assign  to  men  their  rights  according  to  the  different  shades  of 
color.  In  the  opinion  of  the  undersigned,  all  the  evils,  so  strikingly 
and  so  eloquently  portrayed  in  the  report,  respecting  the  free  people  of 
color  whilst  among  us,  apply  with  equal,  nay  greater  force  to  the 
same  people  whilst  in  slavery;  unless  indeed  slavery  gives  dignity  to 
man.  And  although  the  memorialist?  do  not  hint  at  retaining  the  peo- 
ple of  color  amongst  us  when  free,  but  ask  that  some  means  be  de- 
vised for  their  removal ;  nor  would  the  undersigned  be  understood  as 
advocating  any  system  of  emancipation  unconnected  with  or  without  a 
view  to  their  colonization ;  yet  we  believe  they  would  be  happier  and 
safer  subjects  of  our  government,  as  free  men  than  as  slaves.  As  we  hold 
it  wise  policy  in  every  government  to  make  it  the  interest  of  all  its 
subjects  to  support,  defend  and  perpetuate  its  civil  institutions,  is  it 
reasonable  to  suppose  that  any  would  desire  the  permanent  ex- 
istence of  that  government  which  denied  to  them  all  the  rights  of  free 
men  ?  Solomon  in  his  wisdom  has  said,  "oppression  makes  a  wise  man 
mad";  and  notwithstanding  the^beautiful  description  given  in  the  report, 
of  the  benefits  of  slavery,  so  fascinating  that  we  were  almost  invol- 
untarily constrained  to  exclaim,  oh,  the  blessings  of  slavery  !  yet  on 
reflection  we  are  free  to  say,  we  have  not  fallen  quite  so  much  in  love 
with  it  as  to  desire  it  for  ourselves. 

The  report,  apparently  with  an  air  of  triumph  asks,  "who  will  ad- 
minister to  the  wants  of  the  free  man  of  color,  worn  down  by  age  and 
disease,  stretched  on  his  bed  of  straw  ?"  In  the  spirit  of  truth  and 
soberness  we  answer,  the  dear  wife  of  his  bosom,  the  children  of  his 
love  and  partners  of  his  blood,  bound  to  each  other  by  the  strong  and 
indissoluble  ties  of  natural  affection ;  these,  these  can  stand  around 
his  humble  bed  of  straw,  administer  to  his  wants  and  alleviate  his  suf- 
ferings; not  by  "giving  to  him  with  the  cold  hand  of  charity  the  crust 
that  has  fallen  from  the  rich  man's  table";  but,  without  grudging,  giv- 
ing to  him  the  most  suitable  nourishment  their  circumstances  will  afford, 


104 

receiving  his  parting  advice,  his  parting  blessing,  his  ardent,  his  anx- 
ious, his  dying  prayer  to  that  God  who  is  no  respecter  of  persons,  and 
that  without  being  disturbed  or  controlled  by  the  whim  or  caprice  of 
any  that  might  desire  to  lord  it  over  them.  We  are  told  the  more 
slaves  are  distributed  over  territory  the  better  for  all  concerned  :  ad- 
mit this  to  be  true,  it  only  proves  the  fewer  there  are  of  slaves  the 
better.  Then  consequently  the  best  of  all  would  be  to  have  none. 
If  that  is  a  good  reason  why  any  slave  State  should  continue  such,  it 
would  also  be  a  good  reason  why  every  State  in  the  Union,  and  that 
from  motives  of  humanity,  should  become  a  slave  State.  The  tenden- 
cy of  such  a  course  would  be  to  make  slavery  perpetual. 

The  undersigned  admit,  that  it  is  probable  the  avarice  and  cupidity 
of  some  would  prompt  them  to  send  their  slaves  to  other  countries, 
rather  than  be  deprived  of  what  they  deem  their  vested  rights.  So 
will  the  same  spirit  prompt  them  to  send  them  away,  whenever  they 
find  it  more  gainful  than  keeping  them  at  home ;  but  that  it  would 
have  such  a  general  tendency,  we  think  improbable  especially,  when 
we  advert  to  the  fact  that  a  large  portion  of  the  memorialists  are 
themselves  slave  holders,  and  also  the  fact  admitted  in  the  report,  that 
within  a  few  years  an  astonishing  change  has  been  produced  in  public 
sentiment  on  that  subject ;  which  is  manifest  from  the  loud  and  reiter- 
ated calls,  for  at  least  some  prospective  relief  from  the  evils  of  that 
system. 

The  undersigned  do  not  admit,  that  the  refusal  or  neglect  of  other 
States  to  remove  an  existing  evil  is  a  justification  for  us.  It  is  writ- 
ten, when  the  Jews  desired  a  king,  one  of  their  reasons  was  that  they 
might  be  like  the  heathen  nations  around  them;  but  this  then  was  de- 
clared, by  the  words  of  unerring  truth,  not  to  be  good.  In  the  Bible 
we  have  an  account  of  a  people  once  in  bondage,  and  when  the  great 
God  called  for  their  deliverance,  the  cry  of  their  oppressors  was  (as 
we  believe  in  the  spirit  of  the  report)  they  be  idle,  they  be  idle. 
God  hath  said,  let  the  oppressed  go  free,  and  he  that  oppresseth  the 
poor  reproacheth  his  Maker.  The  report  supposes  it  a  dangerous  ex- 
periment :  the  command  is  nevertheless,  go  forward ;  although  the 
Red  Sea,  starvation,  degradation,  with  all  the  train  of  horrors  so  elo- 
quently set  forth  in  the  report,  stare  you  in  the  face.  Is  it  better  to 
obey  God,  or  man  ?  "As  wise  men,  judge  ye." 

Viewing  the  report  (as  we  do)  a  kind  of  apology  for  slavery,  we 
have  thus  raised  against  it  our  feeble  testimony,  in  discharge  of  a  duty 
we  owe,  not  only  to  the  memorialists,  but  to  that  degraded  people 
whose  voice  cannot  be  heard  here  :  also  to  ourselves,  to  our  country, 
and  to  our  God. 

MATTHEW  STEPHENSON, 
JOHN  M'GAUGHEY, 
RICHARD  BRADSHAW 
JAMES  GILLESPY. 

Mr.  JOHN  A.  M'KINNEY  moved  a  reconsideration  of  the  question 


105 

ordering  the  foregoing  protest  to  be  spread  upon  the  journals  ;  which 
motion  he  withdrew. 

Mr.  WEAKLEY  then  renewed  the  motion  of  Mr.  M'Kinney,  and  the 
question  being  had  on  agreeing  thereto  ;  it  was  decided  in  the  nega- 
tive. 

Mr.  MABRY  submitted  the  following  : 

Whereas,  it  must  be  apparent  to  every  member  of  the  Convention, 
that  the  members  are  in  great  danger  of  sickness  and  death  to  contin- 
ue their  session  in  the  city  of  Nashville,  on  account  of  the  extreme 
warm  weather  and  the  uncertainty  of  the  health  of  the  city  at  this  sea- 
son of  the  year, 

Resolved,  therefore,  That  this  Convention  adjourn  on  the  27th  June 
1834,  and  that  they  meet  in  the  town  of  M'Minnville  on  the  30th  day 
of  June  1834,  for  the  purpose  of  finishing  the  revision  of  the  Consti- 
tution of  the  State  of  Tennessee. 

Mr  MABRY  moved  to  suspend  the  rule  requiring  resolutions  to  lie 
one  day  on  the  table;  which  motion,  at  the  request  of  Mr  Kimbrough, 
he  afterwards  withdrew. 

And  Mr  BURTON,  the  following: 

Resolved,  That  the  existing  Constitution  of  this  State  be  so  amend- 
ed, that  there  shall  be  established  a  supreme  court  of  errors  and  ap- 
peals, to  consist  of  not  less  than  three  nor  more  than  five  judges. 
They  shall  hold  one  term  of  the  supreme  court  in  each  and  every 
year,  in  the  three  grand  divisions  of  the  State;  viz  :  one  term  in  East 
Tennessee,  one  in  Middle  and  another  in  the  Western  District  of  this 
State  ;  the  time  and  place  of  holding  the  same,  to  be  designated  by 
the  Legislature. 

On  motion  of  Mr  WALTON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  pro- 
posing amendments  thereto;  and  after  some  time  spent  in  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 

FRIDAY,  JUNE  27,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  Edgar  of  the  Presbyterian  church. 

Mr  GARRETT  submitted  the  following  : 

Resolved,  That  the  1st  section  of  the  9th  article  of  the  Constitu- 
tion shall  be  in  the  following  words;  to  wit; 

"That  every  person  who  shall  be  chosen  or  appointed  to  any  office 
or  appointment  of  trust  or  profit,underthis  Constitution  or  any  law  made 
in  pursuance  thereof,shall  before  entering  on  the  execution  thereof,take 
an  oa(h  to  support  the  Constitution  of  this  State  and  of  the  United 
States;  an  oath  of  office,  and  also  the  following  oath:  'I  do  solemnly 
swear(or  affirm,  as  the  case  may  be)  that  I  have  not  either  directly  or 


106 

indirectly  given,  promised  or  bestowed  any  gift  or  reward  in  meat, 
drink,  money  or  otherwise  to  be  elected  to  the  office,  upon  the  dis- 
charge of  the  duties  of  which  I  am  now  about  to  enter.'  " 

On  motion  of  Mr  STEPHENSON,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

And  then  the  Convention  adjourned. 

SATURDAY,  JUNE  28,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev  Mr  Edgar  of  the  Presbyterian  church. 

On  motion  of  Mr  GARRETT, 

Ordered,  That  the  resolution  introduced  by  him  on  yesterday ,as  an 
amendment  to  the  1st  section  of  the  9th  article  of  the  existing  Consti- 
tution, be  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr  GARRETT, 

Ordered^  That  the  memorials  on  the  subject  of  emancipation,  be  re- 
committed to  the  committee  on  that  subject. 

Mr  GARRETT  submitted  the  following: 

Resolved^  That  the  committee  appointed  to  draft  and  present  the 
reasons  which  influenced  the  Convention  in  declining  to  act  upon  the 
various  memorials  upon  the  subject  of  emancipation,  be  instructed  to 
inquire  and  report  the  number  of  memorialists  upon  said  subjects, 
what  number  of  them  purport  to  be  slaveholders,  and  what  number  of 
them  purport  to  be  non-slaveholders;  and  in  what  counties  in  the 
State  said  memorialists  reside,  so  far  as  practicable;  and  that  they  re- 
port further  what  the  memorialists  requested  the  Convention  to  do  on 
the  subject  of  emancipation. 

On  Mr  GARRETT'S  motion,  the  rule  requiring  resolutions  to  lie  onfe 
day  on  the  table  was  suspended,  and  said  resolution  was  read  and 
adopted. 

Mr  GARRETT  also  submitted  the  following: 

1st.  Resolved^  That  the  Constitution  of  the  State  of  Tennessee 
should  be  so  altered  or  amended,  that  the  General  Assembly  should 
have  no  power  to  pass  any  law  chartering  any  bank  company,  or  cor- 
poration with  authority  to  such  bank,  company  or  corporation,  to  is^ 
sue  bills  or  notes,  or  contract  debts,  in  their  corporate  or  company 
capacity,  without  subjecting  the  individual  property  of  the  stockhold- 
ers in  such  bank,  corporation  or  company,  to  the  payment  of  said  bills 
or  notes. 

2nd.  Resolved)  That  the  Legislature  should  have  no  power  to  create 
any  stock,  to  be  vested  in  any  bank  which  would  operate  as  a  pledge 
of  public  faith,  and  subject  the  taxable  polls  and  property  within  the 
State  of  Tennessee  to  taxation  for  its  redemption. 


107 

3rd.  Resolved,  That  the  Legislature  shall  have  no  power  to  grant 
divorces. 

4th.  Resolved,  That  the  Legislature  shall  have  no  power  to  release 
any  fines  or  amercements  that  may  be  assessed,  or  forfeitures  that  may 
have  accrued  in  any  of  the  courts  of  record  in  this  State  :  but  that  the 
power  of  granting  divorces,  and  releasing  fines,  amercements  and  for- 
feitures, be  vested  in  the  judicial  department  of  the  government,  in 
such  manner  as  the  General  Assembly  shall  direct  and  prescribe;  pro- 
vided, any  law  upon  either  of  said  subjects  passed  by  the  General  As- 
sembly shall  be  general  and  equal  in  its  operations  throughout  the 
State. 

And  Mr  MARK  the  following  : 

Resolved,  That  free  persons  of  color,  including  Mulattoes,  Mustees 
and  Indians,  were  not  parties  to  our  political  compact,  nor  were  they 
represented  in  the  Convention  which  framed  the  evidence  of  the  com- 
pact, under  which  the  free  people  of  the  State,  and  of  the  United 
States,  are  associated  for  civil  government  ;  nor  are  they  recognized 
by  our  political  fabrics  as  subjects  of  our  naturalization  laws  ;  but  on 
the  contrary,  are,  by  the  Constitution  and  laws  of  the  United  States, 
prohibited  from  being  brought  to  the  United  States,  either  as  proper- 
ty, or  as  being  within  the  scope  or  meaning  of  our  provisions  relating 
to  naturalization  and  citizenship;  and  hence  their  supposed  claim  to 
the  exercise  of  the  great  right  of  free  suffrage,  is,  and  shall  be,  not 
only  not  recognized,  but  prohibited. 

Resolved,  That  all  free  white  men  of  the  age  of  twenty-one  years 
and  upwards,  who  are  natural  born  citizens  of  this  State,  or  of  any 
one  of  the  United  States,  and  all  who  have  been  naturalized  and  admit- 
ted to  the  rights  and  privileges  as  citizens  of  the  United  States  by  our 
laws,  and  who,  being  inhabitants  of  this  State,  and  who  have  a  fixed 
or  known  residence  in  the  county  or  election  district,  six  months  im- 
mediately preceding  the  day  of  election,  shall  be  entitled  to  vote  for 
members  of  either  house  of  the  General  Assembly,  in  and  for  the 
county  or  district  in  which  they  may  reside.  And  that  every  free 
white  male  citizen  of  this  State,  who  hath  resided  six  months  in  any 
one  county  or  election  distrct  in  the  State,  and  shall  subsequently  have 
removed  to  and  settled  within  any  other  county  or  district  shall  be 
privileged  to  vote  therein ;  although  he  may  not  have  resided  and 
been  settled  there  six  months  next  before  the  election.  And  that  eve- 
ry free  white  male  person  of  the  age  of  21  years  and  upwards,  pos- 
sessing a  free-hold  in  any  county  or  district  in  this  State,  wherein  he 
may  be  at  the  time  of  an  election,  although  he  may  not  be  an  inhabit- 
ant of  such  county  or  district,  being  however  a  citizen  of  this  State, 
shall  be  allowed  to  vote  therein  by  virtue  of  such  freehold,  provided 
he  may  not  have  voted,  and  cannot  get  to  the  county  or  district  of  his 
residence  to  vote,  at  said  election  in  due  time  to  give  his  vote. 

On  Mr.  MARK'S  motion,  the  rule  requiring  resolutions  to  lie  one  day 
on  the  table,  was  suspended,  and  said  resolutions  were  read  and  referred 
to  the  Committee  of  the  Whole. 


108 

On  Mr  BURTON'S  motion,  the  resolution  heretofore  submitted  by 
him,  on  the  26th  June,  on  the  subject  of  the  Judiciary  was  ordered  to 
be  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr.  HUMPHREYS, 

Ordered,  That  Messrs.  Cheatham,  Montgomery,  Garrett  and  Ro- 
bertson be  added  to  the  Committee  on  private  and  local  legislation. 

On  motion  of  Mr  LEDBETTER,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto  ;  and  after  some  time  spent  in  the  considera- 
tion thereof,  the  committee  rose,  reported  progress,  asked  and  obtain- 
ed leave  to  sit  again. 

And  then  the  Convention  adjourned. 

MONDAY,  JUNE  30,  1834. 

The  Convention  met  according  to  adjournment  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  Hatton  of  the  Cumberland  Presbyteri- 
an Church. 

The  President  presented  the  memorial  of  sundry  citizens  of  Knox 
county,  on  the  subject  of  slavery;  which,  on  motion  of  Mr  Garrett, 
was  read  and  referred  to  the  committee  on  that  subject. 

On  Mr  ROBERT  J.  M'KINNEY'S  motion, 

Ordered,  That  the  rule  requiring  the  Secretary  to  call  the  roll  eve- 
ry morning  be  rescinded. 

Mr  HUNTSMAN,  from  the  committee  on  privileges  and  elections,  to 
whom  was  referred  the  memorial  of  Col.  Edward  Ward,  contesting 
the  election  of  Adam  R.  Alexander  Esq.  the  delegate  from  the  county 
of  Shelby,  and  to  whom  was  recommitted  the  report  heretofore  made 
and  laid  on  the  table,  reported  that  the  committee  have  had  the  same 
under  consideration,  and  have  instructed  him  to  make  the  following 

REPORT. 

The  committee  on  previleges  and  elections  have  again  had  the  sub- 
ject, of  the  contested  election  between  Col.  Ward  and  Col.  Alexan- 
der, under  consideration,  and  beg  leave  to  state,  that  when  this  sub- 
ject was  first  submitted  to  their  consideration,  they  entered  forthwith 
upon  the  duties  assigned  them,  with  a  view  to  determine  the  contro- 
versy promptly,  not  only  on  account  of  the  parties  concerned  therein, 
but  with  a  view  of  settling  a  controversy,  which  your  committee  sup- 
posed Shelby  county  was  deeply  interested  in.  But  upon  the  very 
threshold  of  the  examination  they  discovered,  as  they  have  heretofore 
reported,  that  the  vast  mass  of  testimony  produced  to  them  did  not 
come,  within  the  rules  of  testimony,  and  could  not  be  received  by  them 
as  such  unless  the  parlies  would  agree  to  waive  all  irregularities  and 
legal  exceptions,  and  submit  it  for  the  action  of  the  committee  as  le- 
gal evidence,  and  for  it  to  be  so  considered  by  them.  With  this  view 


109 

the  chairman  of  your  committee  was  directed  to  address  the  commu- 
nication marked  A,  and  herewith  filed,  dated  the  26th  of  May  1834, 
to  both  the  gentlemen.  On  the  27th  of  May,  Col.  Alexander  respond- 
ed to  this  communication  by  letter,  which  is  herewith  filed  marked  B, 
from  which  it  appears  that  he  was  not  willing  to  waive  any  legal  ex- 
ceptions, unless  the  committee  would  act  immediately  upon  the  testi- 
mony and  decide  the  controversy ;  in  that  event  he  consented  to  waive 
all  exceptions.     Col.  Ward  required  time  for  consideration,  and  on  the 
29th  of  May,  the  parties  filed  a  written  agreement  with  the  committee, 
which  accompanies  this  report  under  the  character  of  exhibit  C,  which 
with  some  verbal  explanations  led  your  committee  to  believe,  and  so 
they  reported  to  your  honorable  body,  that  the  gentlemen  interested  had 
relieved  the  committee   and  the   Convention  from  much  embarrass- 
ment by  an  amicable  arrangement  between  themselves,  that  such  testi- 
mony as  had  been  taken,  by  notice  or  by  lists  interchanged  and  fur- 
nished to  each  other,  shall  be  considered  by  the  Committee  as  legal. 
But  to  this  latter  clause  there  is  no  written  agreement,  and  it  only 
rests  within  the  recollection  of  the  parties  and  some  of  your  commit- 
tee, and  it  is  possible  that  it  may  be  misrecollected  or  misunderstood; 
but  with  this  view  your  committee  immediately  set  to  work,  in  order 
to  adjust  the  matter.     They  were  however  directly  met  with  other 
difficulties,  which  they  did  not  consider  were  comprehended  within 
the  pale  of  any  agreement,  either  verbal  or  written.     There  was  a 
large  portion  of  the  testimony  taken  to  show  that  the  voter  had  not 
resided  six  months  in  the  county,  but  it  was  wholly  silent  as  to  whether 
he  possessed  a  freehold  or  not — for  it  was  possible  that  although  he  had 
not  six  months  residence,  yet  he  might  have  a  freehold.     Your  com- 
mittee, feeling  extremely  anxious  to  dispose  of  this  matter  with  as  lit- 
tle expense  and  delay  as  possible,  directed  their  chairman  to  address 
the  letter  marked  D,  to  both  of  the  gentlemen,  and  they  received 
written  answers  from  each,  marked  E  and  F.     The  sitting  member 
seemed  to  throw  the  matter  somewhat  upon  the  discretion  of  the  com- 
mittee.    The  latter  clause  of  the  answer  of  the  memorialist,  which  re- 
lates to  the  only  point  on  which  your  committee  was  desirous  of  in- 
formation is  in  the  following  words:  "  We  agreed  to  take  testimony  by 
certificates,  but  did  not  form  (or  agree  to)  any  particular  form  in 
which  said  certificates  should  be  written.     I  would  be  strongly  inclin- 
ed to  believe  that  where  there  has  been  nothing  said  about  freehold, 
there  has  been  none  possessed  by  the  pesson  giving  the  certificate." 

From  the  foreging  circumstances,  your  committee  were  led  to 
believe,  (however  erroneous  in  that  belief  they  have  may  been)  that 
the  parties  intended,  that  when  the  certificates  testified  to  a  want  of 
six  months  residence  only,  it  was  to  be  taken  that  there  was  no  free- 
hold possessed.  With  this  understanding  they  proceeded,  with  great 
difficulty  on  some  other  points  which  will  be  hereafter  mentioned,  to 
determine  the  case.  But  your  committee  have  since  been  informed  by 
the  memorialists,  that  they  were  mistaken  in  drawing  the  inference, 
"that  where  there  has  been  nothing  said  about  freehold,  there  has  been 


110 

none  possessed,"  when  speaking  in  reference  to  those  certificates:  as 
there  is  a  considerable  number  of  votes  which  stand  in  this  situation, 
the  report  and  accompanying  documents  were  recommitted  to  your 
committee  for  a  further  and  more  strict  examination,  Your  honorable 
body  will  discover,  from  the  letters  written  by  the  committee  to  those 
gentlemen,  that  the  questions  are  put  to  them  in  plain  and  direct  terms, 
as  to  the  points  which  they  were  desired  to  admit  or  deny.  And  if  the 
answers  have  not  been  sufficiently  plain  and  direct,  to  enable  the  commit- 
tee to  avoid  incorrect  conclusions  and  inferences,  it  is  not  the  fault 
of  the  committee.  They  furthermore  suppose,  that  if  they  have  been 
mistaken  in  the  meaning  of  the  parties  when  they  have  responded  in 
writing,  it  is  much  more  probable  that  they  may  have  been  mistaken  in 
what  may  have  been  verbally  said  or  admitted  by  either. 

Your  committee  will  here  remark,  that  if  they  had  proceeded  in  the 
first  instance  in  strict  conformity  with  the  rules  of  evidence,  there  was 
not  one  particle  of  legal  evidence  on  either  side.  The  parties  pro- 
duced no  written  agreement  which  had  been  entered  into  between 
them  which  could  have  been  substituted  in  the  place  of  the  rules  of 
law,  and  they  disagreed,  as  to  the  extent  of  what  their  verbal  agree- 
ment was,  in  some  respects.  And  after  your  committee  had  been  in- 
duced to  believe,  (as  before  reported)  that  the  parties  had  agreed  to 
certain  preambles,  they  found  from  the  great  intricacy  and  uncertainty 
of  the  testimony,  it  being  so  contradictory  and  clashing  in  its  character 
— some  of  it  upon  oath — some  not  upon  oath.  In  some  instances,  the 
same  person  has  certified  one  fact  and  afterwards  sworn  directly  con- 
trary thereto.  In  other  cases,  one  person  has  sworn  to  a  fact  positive- 
ly, and  others,  either  by  affidavit  or  certificate,  contradict  him  by  way 
of  invalidating  his  testimony.  Certificates  are  given  on  one  side,  and 
certificates  are  given  by  other  persons  in  pointed  contradiction  of  the 
first.  A  father  certifies  his  son  was  not  of  age — the  son  swears  he  was. 
Certificates  or  affidavits  are  given  that  such  a  person  was  not  a  freehold- 
er— other  certificates  or  affidavits  are  given  to  prove  that  he  was. 
Some  of  these  certificates  or  affidavits  carry  suspicions  of  falsehood 
upon  the  very  face.  These  have  most  probably  been  taken  in  the  ab- 
sence of  the  parties,  and  there  is  no  implication  thrown  upon  them; 
yet  it  throws  vast  difficulties  in  the  way  of  the  committee  in  arriving 
at  any  correct  conclusion.  Some  of  these  certificates  are  vague  in 
their  character,  to  such  an  extent  that  your  committee  cannot  tell 
what  construction  to  give  them.  And  amidst  all  the  contradictions,  it 
is  impossible  for  your  committee  to  determine  which  side  tells  the 
truth,  or  which  should  be  credited,  or  which  thrown  aside;  or  how 
much  weight  is  to  be  given  to  this,  or  how  much  to  that  witness.  It  is 
possible  if  the  witnesses  were  examined  and  cross-examined  before 
the  committee,  that,  either  by  the  manner  of  giving  in  testimony  or 
contradicting  themselves  in  attempts  at  evasion  or  concealment  of 
truths;  they  might  enable  the  committee  to  judge  more  correctly  of 
the  credibility  of  each.  But  it  is  impossible  to  do  so,  when  this  con- 
t  ad:ctory  evidence  is  on  paper,  and  nine  tenths  of  it  not  sworn  to, 


Ill 

even  before  a  justice  of  the  peace.  Your  committee,  upon  the  most 
thorough  examination  and  re-examination,  have  come  to  a  conclusion, 
that  if  there  had  been  no  misunderstanding  or  misapprehension  in  re- 
gard to  what  was  agreed  upon,  it  would  not  be  possible  for  them,  with 
out  having  the  witnesses  face  to  face  and  a  thorough  examination  of 
them  upon  oath,  to  come  to  any  correct  determination  between  the  par- 
ties, and  then  it  would  probably  end  in  guess-work,  by  reason  of  the 
contradictory  character  of  the  testimony.  It  is  utterly  impossible  for 
the  committee,  with  ail  the  labor  and  examination  ( which  has  been 
immense )  that  they  have  bestowed  upon  the  subject,  to  arrive  at  any 
opinion  or  conclusion  as  to  who  is  elected,  and  therefore  they  have 
abandoned  it  as  hopeless.  They  therefore  recommend  that  the  elec- 
tion be  declared  void,  and  that  it  be  submitted  again  to  the  people  of 
Shelby  county  for  their  re-action  upon  it.  This  course  is  the  more 
freely  recommended  in  this  case,  because  it  appears  that  the  amount  of 
votes  received,  by  the  sitting  member  and  the  memorialist  both,  does 
not  amount  to  a  majority  of  the  voters  in  the  county  of  Shelby;  and 
there  can  be  no  doubt,  but  the  votes  of  Shelby  county  can  decide  this 
contest  infinitely  better  than  your  committee  or  this  Convention  ;  and 
it  is  furthermore  probable  that  it  will  save  a  long,  tedious  and  expen- 
sive investigation  before  the  House.  It  may  be  that  neither  party 
would  be  satisfied  with  the  determination  of  the  committee  against 
him;  and  the  whole  matter  would  be  reopened  before  the  House  for 
investigation.  If  so,  it  will  consume  a  considerable  time  in  the  whole 
body,  and  your  Committee  do  not  believe  that  the  House  would  arrive 
at  any  correct  conclusion. 

Resolved,  Therefore,  that  the  election  of  delegate  for  the  Conven- 
tion, held  for  the  county  of  Shelby  in  March  last,  is  hereby  declared 
void,  and  that  a  writ  of  election  be  issued,  from  the  President  of  this 
Convention,  countersigned  by  the  Secretary  and  directed  to  the  sher- 
iff of  Shelby  county,  commanding  him  to  open  and  hold  an  election  at 
all  the  election  precincts  in  the  county  on  the  day  of  July  next, 

for  a  delegate  to  this  Convention  and  make  return  accordingly. 

ADAM  HUNTSMAN,  Chairman. 

Mr  PORTER  moved  that  the  documents  accompanying  said  report 
be  read  by  the  Secretary;  which  motion  he  afterwards  withdrew. 

Mr  ALLEN  moved  a  non-concurrence  with  so  much  of  said  report 
as  went  to  deprive  the  sitting  member  Col.  Alexander  from  his  seat. 

Mr  ROBERTSON  asked  to  be  excused  from  voting  on  this  subject,  al- 
leging that  he  was  related  to  one  of  the  parties;  which  request  was 
granted. 

Mr  M'Gaughey  moved  to  lay  said  report  upon  the  table;  which 
prevailed. 

Mr  BURTON  of  Wilson,  rose  in  his  place,  and  said, 
Mr  PRESIDENT  : — 

I  rise  in  my  place  to  announce  to  the  Convention,  that  a  mighty  man 
has  fallen:  the  great,  the  good  LAFAYETTE  is  now  numbered  with  the 
dead !  The  zealous  supporter  of  American  Liberty,  the  bosom  friend. 


the  companion  in  arms  of  the  Father  of  our  country  is  no  more!  He 
ended  his  career  at  Lagrange,  on  the  20th  of  May  last  in  his  77th 
year.  I  hold  in  my  hand  sundry  resolutions,  expressive  of  the  feel- 
ings of  regret  of  this  Assembly  on  this  mournful  event,  and  that  con- 
stitute in  themselves,  a  small  tribute  of  respect  to  the  memory  of  this 
illustrious  individual.  I  hope — I  know,  they  will  receive  the  unani- 
mous approbation  of  this  Convention. 

Mr  BURTON  then  submitted  the  following  preamble  and  resolutions, 
which  after  being  amended,  on  the  suggestion  of  Mr  Fogg  of  David- 
son, by  the  addition  of  the  last  resolution,  were  adopted  unanimously. 

Whereas,  this  Convention  has  received  the  melancholy  intelligence 
that  the  brightest  ornament  of  the  age  in  which  he  lived,  the  venera- 
ble and  beloved  Lafayette,  departed  this  life  on  the  20th  day  of  May 
last,  at  Lagrange  in  the  Kingdom  of  France;  and  being  deeply  im- 
pressed with  a  sense  of  gratitude,  for  the  important  services  rendered 
by  him  in  our  revolutionary  struggle — and  deploring  his  loss  as  we  do, 
in  common  with  the  friends  of  freedom  throughout  the  civilized  world. 

Resolved,  Therefore,  as  a  testimony  of  respect  and  gratitude  to  de- 
parted worth,  that  the  members  of  the  Convention  wear  crape  on  the 
left  arm,  as  a  badge  of  mourning,  for  thirty  days. 

Resolved,  That  all  the  officers  of  the  State  of  Tennessee  both  civ- 
il and  military,  be  requested  to  testify  their  regret  for  the  friend  and 
companion  of  the  Father  of  his  country,  by  wearing  a  similar  badge, 
for  the  space  of  thirty  days. 

Resolved,  That  the  President  of  this  Convention  be  requested  to 
direct  a  copy  of  these  resolutions  to  be  transmitted  to  the  family  of 
the  deceased  General,  expressing  the  deep  regret  of  the  people  of 
Tennessee  at  the  loss  of  the  benefactor  of  their  country,  and  our 
sympathy  with  them  in  this  afflicting  dispensation  of  Divine  Provi- 
dence, and  to  assure  them  that  the  name  of  LAFAYETTE  in  this 
nation,  will  ever  be  associated  with  virtue  and  patriotism. 

On'motion  of  MrM'GAUGHEY  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  on  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

Mr  CHILDRESS  submitted  the  following: 

"  Whereas,  it  is  believed  that  this  Convention  will  submit  the  Con- 
stitution, now  about  to  be  made,  to  the  people  for  their  adoption  or  re- 
jection; and  whereas  the  people  of  Tennessee  in  their  sovereign  ca- 
pacity will  necessarily  be  compelled  to  pass  upon  the  same,  as  one 
entire  proposition;  therefore, 

Resolved,  That  the  following  be  added  to  the  rules  governing  this 
Convention,  in  finally  voting  upon  the  adoption  of  this  Constitution. 

Resolved,  That  this  Convention  will  upon  the  second  reading,  take 
the  vote  upon  each  entire  section. 

Resolved,    That    upon   the  third  and   last  reading,   the   vote  be 


113 

taken  upon  the  whole  Constitution;  in  the  same  way  that  it  will  be 
submitted  to  the  people  of  Tennessee. 

On  motion  of  Mr  GKAY,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  and  asked  and  obtain- 
ed leave  to  sit  again. 

And  then  the  Convention  adjourned. 

TUESDAY,  JULY  1,   1834. 

The  Convention  met  acccordinp;  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  SMITH,  of  the  Cumberland  Presbyteri- 
an Church. 

Mr  ROBERT  J.  M'KINNEY  submitted  the  following: 

Resolved,  That  the  committee  on  privileges  and  elections,  be  dis- 
charged from  the  further  consideration  of  the  contested  election  be- 
tween Cols.  Ward  and  Alexander. 

Mr  ROBERT  J.  M'KINNEY  moved,  that  the  rule  requiring  resolu- 
tions to  lie  one  day  on  the  table,  be  suspended;  which  motion  prevail- 
ed, and  said  resolution  was  adopted. 

Mr  GARRETT  submitted  the  following, 

Resolved,  That  Adam  R.  Alexander  is  the  proper  and  legally  re- 
turned delegate  to  this  Convention  from  the  county  of  Shelby, 
and  as  such  is  entitled  to  a  seat  in  this  Convention. 

Mr  CANNON  submitted  the  following: 

Resolved,  That  the  memorialist,  Col.  Edward  Ward,  contesting  the 
election  of  Col.  Adam  R.  Alexander,  be  permitted  to  take  a  seat  with- 
in the  bar  of  the  House,  and  entitled  to  the  privilege  of  being  heard 
during  the  investigation  of  that  subject. 

On  motion  of  Mr  CANNON,  the  rule  requiring  resolutions  to  lie  one 
day  on  the  table  was  suspended,  and  said  resolution  adopted. 

Ordered,  That  the  Secretary  forthwith  furnish  Col.  Edward  Ward 
with  a  copy  of  the  foregoing  resolution. 

Mr  WALTON  submitted  the  following: 

Resolved,  That  the  members  of  this  Convention  take  an  oath  to  do 
equal  and  impartial  justice  between  Col.  Edward  Ward  and  Col.  A. 
R.  Alexander,  in  the  contested  election  now  pending  before  the  Con- 
vention, to  the  best  of  their  understanding. 

Mr  WALTON  moved  a  suspension  of  the  rule  requiring  resolutions 
to  lie  one  day  on  the  table;  which  motion  did  not  prevail. 

On  motion  of  Mr  MARR,  the  report  of  the  committee  on  elections 
made  on  the  22nd  May  last,  was  taken  up  and  read. 

Col.  WARD  appeared,  and  had  a  seat  within  the  bar  assigned  him. 

Mr  HUMPHREYS,  in  behalf  of  Col.  Adam  R.  Alexander,  asked  that 
he  as  sitting  member  be  excused  from  voting  on  all  questions  touching 
the  present  contested  election;  which  request  was  granted. 

.L 


114 

Mr  BURTON  moved  that  the  last  report  of  the  committee  on  privi- 
leges and  elections  be  taken  up,  read  and  concurred  in  ;  which  motion 
he  afterwards  withdrew. 

Col.  WARD  presented  a  memorial,  in  the  form  of  a  written  argu- 
ment; which  at  his  request  was  read,  and  is  follows;  to  wit: 

NASHVILLE,  July  1st,  1834. 

To  the  Honorable  the  President  and  Delegates 

in  Convention  assembled: 

Your  memorialist  has  seen  and  read  the  second  report  of  the  Com- 
mittee on  privileges  and  elections,  in  relation  to  the  contested  elec- 
tion between  Col.  Alexander  and  himself. 

From  said  report  it  appears,  that  said  committee  have  concluded  to 
recommend  to  the  Convention, "  that  said  election  be  declared  void, 
and  that  it  be  submitted  to  the  people  of  Shelby  county  for  their  re- 
action upon  it,  in  committee  of  the  whole  county."  The  report 
further  says,  "  that  it  is  probable  that  it  will  save  a  long,  tedious,  and 
expensive  investigation  before  the  house — that  it  is  probable  that  nei- 
ther party  would  be  satisfied  with  the  determination  against  him — that 
the  whole  matter  would  be  reopened  before  the  House  for  investiga- 
tion — that  it  would  consume  considerable  time  in  the  whole  body,  and 
that  they  do  not  believe  the  house  could  arrive  at  any  just  conclusion." 

That  your  honorable  body  may  be  enabled  to  pursue  that  course, 
which  will  be  most  in  accordance  with  the  law  and  testimony,  in  ref- 
erence to  the  parties  concerned,  and  to  end  most  speedily  this  contest, 
your  memorialist  begs  leave  to  dissent  from  the  last  report  of  the 
committee  upon  the  subject,  and  ask  the  same  to  be  laid  upon  the  ta- 
ble, until  all  the  testimony  and  certificates  furnished  to  the  committee, 
and  all  the  correspondence  between  the  parties  and  the  committee, 
and  the  first  report  of  the  committee,  which  was  withdrawn  for  con- 
sideration and  his  memorial  or  address,  marked  A,  containing  objec- 
tions to  said  first  report,  and  the  notes  and  agreements  of  the  parties, 
and  one  or  more  notes  from  your  memorialist  to  the  committee,  and 
said  last  report  be  read  to  the  whole  house,  the  reading  of  wrhich  al- 
together, your  memorialist  believes  would  conduce  to  the  adjustment 
of  this  contest. 

Your  memorialist  would  then  ask  the  house  to  recommit  the  subject 
to  the  committee  with  instructions  to  receive  and  take  said  memorial 
or  letter  A  as  the  rule  and  basis  of  their  construction  of  the  evi- 
dence adduced,  and  of  the  certificates  submitted,  and  that  said  commit- 
tee report  thereon.  If  this  instruction  should  be  refused  and  the  house 
should  concluue  it  to  be  its  duty  to  refer  the  election  to  the  people, 
for  further  action,  I  then  pledge  myself  to  your  honorable  body,  that 
to  avoid  the  long,  tedious,  and  expensive  investigation,  from  which, 
when  made,  the  committee  say  "that  they  do  not  believe  the  house 
could  arrive  at  any  correct  conclusion,"  to  avoid  the  strife  and  conten- 
tions which  an  election  would  necessarily  produce  among  the  citizens 


115 

of  Shelby  county,  in  the  present  divided  state  of  their  feelings,  and 
above  all,  from  a  conviction  of  judgment,  that  I  could  not,  if  elected, 
take  a  seat  in  the  Convention  as  late  as  five  or  six  days  after  the  con- 
templated election,  with  any  hope  of  rendering  much,  if  any,  service 
to  my  country — -I  will,  under  these  circumstances  and  for  these  rea- 
sons, withdraw  myself  from  the  contest  and  recommend  to  the  Con- 
vention to  continue  to  Coi.  Alexander  the  privileges  of  his  seat,  as 
the  returned  member  from  and  for  Shelby  county.  I  cannot  reconcile 
it  for  a  moment  to  my  feelings,  that  Shelby  county  should  be  unrepre- 
sented in  the  Convention  one  hour,  to  avoid  this  I  made  no  objection 
to  Col.  Alexander  taking  his  seat  as  the  returned  member,  at  the 
commencement  of  the  session  of  this  Convention. 

What  effect  this  course  may  have  in  the  ultimate  decision  of  this 
contest,  will  be  known  to  every  member  of  this  Convention,  by  him- 
self and  himself  alone,  for  each  member  must  decide  for  himself  how 
far  he  may  be  influenced  by  feelings  of  personal  respect,  that  have 
been  generated  and  strengthened  by  long  and  intimate  associations, 
that  our  feelings  and  actions  are  and  will  be  affected  in  this  way,  even 
when  we  are  unaware  of  it,  must  be  obvious  to  every  man  who  is  well 
acquainted  with  himself.  But  I  rely  upon  the  honesty  and  intelli- 
gence of  this  Convention  for  a  decision,  uninfluenced  by  any  personal 
considerations  other  than  such  as  humanity  cannot  avoid. 
With  proper  respect,  your  ob't  servant, 

EDWARD  WARD. 

Mr  BLOUNT  moved  that  the  first  report  made  by  the  Committee  on 
privileges  and  elections,  and  withdrawn  by  said  Committee,  be  taken 
up  and  read,  which  motion  he  afterwards  withdrew. 

Mr.  HUNTSMAN  moved  that  the  exhibits  accompanying  the  last  report 
of  said  Committee  be  taken  up  and  read;  and  said  motion  prevailing, 
the  exhibits  were  taken  up  and  read. 

Mr.  BLOUNT  renewed  his  motion  to  take  up  and  read  the  first  report 
of  said  Committee;  which  motion  prevailed,  and  said  report  was  ac- 
cordingly read. 

Mr.  FOGG  called  for  the  reading  of  the  protest  of  Col.  Ward,  which 
had  been  submitted  to  the  Committee  on  privileges  and  elections; 
which  was  read. 

Mr  CAHAL  moved  that  all  the  evidence  in  relation  to  the  contest- 
ed election  between  Cols.  Alexander  and  Ward  be  printed  for  the  use 
of  the  members  of  the  Convention;  upon  which  motion  no  order  was 
taken. 

Mr.  HUNTSMAN  moved  to  lay  the  certificates,  &c.  on  the  table,  aiuj 
that  the  parties  have  liberty  to  separate  and  classify  them: 

Which  motion  he  afterwards  withdrew. 

Mr  FOGG  moved  that  all  the  documents  relating  to  said  contested 
ejection,  be  laid  on  the  table  until  Thursday  morning  next ;  and  that 
the  contesting  parties  be  requested  to  separate  and  classify  the  certi- 
ficates belonging  thereto;  which  motion,  at  the  request  of  Mr.  Allen> 
he  withdrew. 


116 

Mr  ALLEN  submitted  the  following. 

Whereas,  the  Committee  on  privileges  and  elections,  whose  pro- 
vince it  is  to  determine  in  the  first  instance  all  contested  elections, 
cannot  determine  which  of  said  parties  is  elected,  on  evidence 
apart  from  the  Sheriff's  certificate.  And  whereas  said  Alexander  has 
said  certificate,  without  imputation  of  fraud.  And  whereas  the  origi- 
nal report  recognized  the  election  of  said  Alexander.  Now  to  settle 
the  same,  as  both  parties  pray  for  an  early  determination  : 

Resolved,  That  Adam  R.  Alexander  the  sitting  member  is  entitled 
to  a  seat  in  this  House. 

Mr  FOGG  renewed  his  motion  to  lay  on  the  table  : 

Mr  PORTER  moved  to  amend  Mr.  Fogg's  motion  by  striking  out 
Thursday  and  inserting  Wednesday  ;  which  was  accepted  by  Mr  Fogg. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  JULY  2,  1834. 

The  Convention  met  according  to  adjournment  and  xvas  opened 
with  prayer,  by  the  Rev.  Mr.  HATTON  of  the  Cumberland  Presbyte- 
rian Church. 

Mr  CHILDRESS  submitted  the  following : 

Resolved*  That  the  action  of  this  Convention  be  had  in  the  case  of 
the  contested  election  between  Cols.  Edward  Ward  and  Adam  R.  Alex- 
ander, without  discussion  on  the  part  of  the  members;  that  after  hear- 
ing and  examining  the  evidence,  and  hearing  what  each  of  the  con- 
tending gentlemen  may  have  to  say  thereon,  the  same  close. 

Mr  CHILDRESS  moved  a  suspension  of  the  rule  requiring  resolutions 
to  lie  on  the  table  one  day — which  motion,  at  the  request  of  Mr.  Gar- 
rett,  he  afterwards  withdrew. 

On  motion  of  Mr  WEAKLEY,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

On  motion  of  Mr.  CHILDRESS,  his  resolution  submitted  to-day  was 
taken  up  and  the  rule  suspended  ;  and  on  his  further  motion  said  reso- 
lution was  ordered  to  the  table. 

On  motion  of  Mr.  GARRETT,  the  contested  election  between  Cols. 
Alexander  and  Ward  was  taken  up. 

On  motion  of  Mr.  ALLEN,  his  resolution  submitted  yesterday  was 
taken  up  and  read. 

The  memorialist  was  then  heard  at  length  on  the  floor  in  support  of 
his  claim  to  a  seat  for  Shelby  county ;  to  which  the  sitting  member 
was  heard  at  length  in  reply. 

Mr.  GARRETT  submitted  the  following  resolutions  as  an  amendment 
of  the  resolution  of  Mr  Allen,  and  in  lieu  of  the  resolution  presented 
by  the  report  of  the  committee  on  privileges  and  elections,  to  wit : 


117 

Whereas,  it  seems  that  in  the  contested  election  between  Col.  Ed- 
ward Ward  and  Col.  Adam  R.  Alexander,  there  is  no  testimony  produc- 
ed of  a  legal  character,which  can  be  received  by  this  Convention  as  such, 
unless  it  is  presented  by  the  agreement  of  the  parties,  waiving  all  ex- 
ceptions to  illegality,  and  whereas  the  parties  have  not  submitted  such 
agreement  as  (he  Convention  are  satisfied  with,  but  disagree  as  to  the 
terms  of  some  of  the  agreements  that  the  committee  appointed  bj 
this  Convention  had  supposed  the  parties  entered  into  ;  therefore, 

Resolved,  That  this  Convention  cannot  receive  any  of  t  he  testimo- 
ny produced  in  this  case  as  legal,  unless  the  parties  will  come  to  an 
agreement  as  to  the  whole  of  the  disputed  points,  in  regard  to  said  tes- 
timony. 

Resolved,  That  Adam  R.  Alexander,  the  sitting  member  from  Shel- 
by county,  retain  his  seat  until  evidence  of  a  purely  legal  character 
be  adduced  to  the  Convention,  to  show  that  he  is  not  entitled  to  his 
seat,  or  until  the  parties  make  an  agreement  by  which  the  present  tes- 
timony shall  be  received;  and  which  agreement  shall  cover  all  points 
of  controversy  between  them,  as  to  the  extent  of  said  agreement,  and 
particularly  in  relation  to  those  points  which  they,  the  said  parties, 
were  requested  by  the  committee  to  agree  upon,  in  order  to  legalize 
the  testimony  heretofore  taken. 

Mr  CAHAL  moved  that  the  certificates  and  evidence  submitted  to  the 
committee  be  read  :  which  motion  he  afterwards  withdrew. 

Mr  BURTON  withdrew  his  motion  made  yesterday,  to  concur  with 
the  report  of  the  committee  on  privileges  and  elections. 

Mr.  JOHN  A.  McKiNNEY  moved  to  lay  all  the  papers  and  reports  re- 
lative to  said  contested  election,  on  the  table  ;  which  motion  lie  after- 
wards withdrew. 

On  motion  of  Mr  FULTON,  the  agreement  of  the  parties  in  relation 
to  taking  evidence,  was  taken  up  and  read. 

On  motion  of  Mr  PORTER,  the  letters  from  the  chairman  of  the 
committee  on  privileges  and  elections,  to  the  parties,  and  their  re- 
spective answers  thereto,  were  taken  up  and  severally  read. 

Mr.  CARTER  moved,  that  a  select  Committee  of  three  be  raised  on 
the  contested  election  between  Col.  Ward  and  Col.  Alexander,  to 
whom  shall  be  referred  all  the  documents,  testimony  and  papers  rela- 
tive to  said  contested  election,  with  instructions  to  inquire,  whether 
the  agreement  made  by  and  between  said  Ward  and  Alexander,  with 
regard  to  the  admissibility  of  the  testimony  taken  and  produced  in 
said  contest  is  sufficiently  obligatory  on  the  parties  to  legalize  the 
informal  testimony  thus  taken;  and  to  report  to  this  Convention. 

Which  motion  prevailed, 

The  President  appointed  Messrs.  Fogg,  Fulton  and  White  to  be  of 
said  Committee. 
•  And  then  the  Convention  adjourned. 


118 


THURSDAY,  JULY  3,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HATTON  of  the  Cumberland  Presbyte- 
rian Church. 

Mr  LEDBETTER  submitted  the  following: 

Resolved,  That  the  Convention  will  not  sit  on  to -morrow  (the  4th 
July )  to  do  business. 

Mr  LEDBETTER  moved  a  suspension  of  the  rule  requiring  resolu- 
ions  to  lie  one  day  on  the  table ;  which  motion  prevailed. 

Mr  M'GAUGHEY  moved  to  lay  said  resolution  on  the  table; 

Which  motion  was  decided  in  the  negative. 

The  question  then  recurred  on  the  adoption  of  said  resolution,  which 
was  decided  in  the  affirmative — ayes  35;  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  Armstrong, 

The  affirmative  voters  are, 

Messrs  Allen,  Alexander,  Burton,  Blount,  Cannon,  Childress,  Cheat- 
ham,  Cross,  Douglars,  Fulton,  Fogg,  Garrett,  Gillespy,  Hodges,  Hunts- 
man, Humphreys,  Hess?  Kincannon,  Kincaid,  Kimbrough,  Ledbetter, 
Loving,  Mabry,  Montgomery,  Marr,  Nelson,  Purdy,  Richardson,  Rid- 
ley, Ury,  Whitson,  Walton,  White,  Webster  and  Weakley — 35. 

The  negative  voters  are, 

Messrs  President,  Armstrong,  Bradshaw,  Cobbs,  Gray,  Hill,  Kelly, 
Kendall,  McClellan,  Robert  J.  M'Kinney,  John  A.  M'Kinney, 
M'Gaughey,  Neal,  Porter,  Roadman,  Robertson,  Stephenson,  Sen- 
ter,  Smith,  Smartt,  Sharp  and  Scott— 22. 

Mr  FOGG,  from  the  Select  Committee  appointed  on  yesterday  on 
the  contested  election  from  Shelby  county,  submitted  the  following 

REPORT. 

The  Committee  to  whom  were  referred  the  papers  upon  the  con- 
tested election  between  Col.  Ward  and  Col.  Alexander,  with  regard 
to  the  admissibility  of  the  testimony  taken  and  produced  in  said  con- 
test, is  sufficiently  obligatory  on  the  parties,  to  legalize  the  informal 
testimony;  respectfully  report  to  the  Convention: — that  they  have  had 
the  subject  referred  to  them  under  consideration,  and  have  examined 
all  the  papers  necessary  to  enable  them  to  form  an  opinion.  A  case 
of  contested  election  between  two  individuals  for  a  public  office,  is 
similar  to  other  cases  at  law,  so  far  as  regards  the  rules  of  evidence, 
and  the  same  rules  of  evidence  that  would  be  legal  in  an  action  for 
money  had  and  received  for  the  fees  of  an  office,  in  a  suit  at  law,  to 
try  a  title  to  that  office,  would  be  also  binding  in  the  case  of  a  contes- 
ted election.  It  is  a  suit  between  two  individuals  for  a  public  office, 
and  the  question  to  be  decided  by  the  proper  forum,  is,  for  whom  did 
a  majority  or  plurality  of  the  qualified  electors  give  their  votes?  It  is 
a  case  of  more  than  ordinary  interest,  in  which  the  people  have  a  great 


119 

concern;  but  still  it  is  a  contest  to  be  decided  according  to  general 
principles  of  law  and  evidence,  except  that  the  house,  which  is  an  ex- 
clusive judge  of  elections,  sometimes  gives  a  more  extensive  latitude 
than  courts  of  law.  Your  Committee  have  had  before  them  no  evi- 
dence as  to  the  agreement  between  the  parties  before  the  session  of  the 
Convention;  and  as  to  such  agreement,  if  any,  it  is  probable  that  it 
is  unnecessary  to  make  any  inquiry.  On  the  26th  of  May,  1834,  a 
letter  was  addressed  by  the  chairman  of  your  committee  of  elections 
to  Cols.  Alexander  and  Ward,  to  which  reference  will  please  be  had, 
requesting  the  gentlemen  to  make  an  agreement  in  writing,  waiving 
objections  to  the  illegality  of  the  testimony,  otherwise  it  would  be  ne- 
cessary to  take  depositions  or  have  the  witnesses  before  the  Commit- 
tee. To  this  letter  Col.  Alexander  replied  on  the  27th  of  May,  and 
agreed,  upon  condition  that  the  Committee  proceeded  immediately  to 
a  decision  &c.,  that  he  would  waive  all  objections  to  the  testimony  ta- 
ken in  the  form  of  certificates.  Col.  Ward  in  his  answer  of  28th  May, 
agrees  to  waive  all  objections,  except  as  to  certain  certificates  taken 
by  Col.  Alexander,  after  they  last  parted  in  Shelby  county;  or  he  prays 
time  to  procure  further  testimony,  and  also  rebutting  testimony  to  the 
last  named  certificates. 

On  the  29th  May,  the  parties  agree  in  writing  "that  the  evidence 
shall  be  taken  in  the  form  of  the  testimony  now  before  the  Committee, 
with  this  exception,  that  it  shall  be  on  oath,  before  a  Justice  of  the 
Peace,  or  subscribed  to  by  the  subscribing  witness,  and  that  Col.  Ward 
have  the  privilege  of  taking  rebutting  testimony,  if  he  may  deem  pro- 
per, on  those  certificates  given  after  his  departure  from  Shelby  county.'* 

Your  Committee  can  give  no  other  sensible  construction  to  this 
agreement,  than  that  it  was  an  admission  by  both  parties  to  comply 
with  the  request  of  the  committee  of  elections,  and  was  a  waiver  of 
the  legal  rules  of  evidence;  and  so  far  as  relates  to  the  testimony  then 
before  the  committee  and  the  subsequent  certificates  taken  by  Col. 
Alexander,  they  were  to  be  read  and  other  evidence  to  be  taken,  in 
the  manner  prescribed  in  said  agreement.  The  condition  of  the  agree- 
ment in  the  letter  of  Col  Alexander,  is  believed  by  your  committee  to 
be  superceded  by  the  agreement  of  the  29th  of  May. 

On  the  20th  June,  1834,  the  committee  of  elections  addressed  an- 
other letter  to  Cols  Alexanderand  Ward,  the  object  of  which  was  not  to 
ask  the  gentlemen  for  their  opinion  upon  any  question,  but  to  ascer- 
tain, 1st.  what  was  their  understanding  or  agreement  when  they  took 
certificates  specifying  a  want  of  residence  and  saying  nothing  about  a 
freehold,  and  2nd.  if  there  was  no  original  agreement  or  understanding 
upon  that  question,  whether  they  could  then  make  an  agreement. 
Col.  Alexander's  letter  in  reply  does  not  intimate  that  there  was  any 
original  understanding  or  agreement,  nor  does  he  state  in  the  letter 
that  any  agreement  can  be  made,  but  in  a  subsequent  verbal  commu- 
nication made  to  the  chairman  of  the  committee,  Col.  Alexander  sta- 
ted that  it  was  his  understanding,  where  nothing  was  stated  as  to  free- 
hold, that  the  certifier  had  no  freehold.  Col.  Ward  in  his  reply  states. 


120 

that  'CI  presume  we  both  thought  that  freeholders  who  were  called  on 
to  give  testimony  would  certainly  set  forth  that  they  were  freehold-, 
ers;"  and  in  a  subsequent  part  of  the  letter  he  says,  "I  would  be  strong- 
ly inclined  to  believe,  that  where  there  has  been  nothing  said  about 
freehold  there  has  been  none  possessed  by  the  persons  giving  the  cer- 
tificate." These  were  his  views  upon  the  subject,  about  which  an  in- 
quiry was  made  by  the  committee  of  elections,  who  had  suspended 
certain  certificates  and  could  not  decide  upon  the  validity  of  the  votes, 
unless  they  were  informed  what  had  been  or  would  be  the  understand- 
ing and  agreement  of  the  contesting  parties. 

Your  Committee  believe  that  a  fair  and  legitimate  inference  must 
be  drawn  from  Col.  Ward's  reply  to  the  committee,  that  it  was  his  un- 
derstanding that  where  the  certificates  said  nothing  about  freehold, 
there  was  none  possessed  by  the  certifier  or  deponent;  and  that  the 
committee  of  elections  properly  so  construed  his  expressions. 

Your  Committee  further  report,  that  they  are  satisfied  that  the 
agreement  made  between  Col.  Alexander  and  Col.  Ward,  with  regard 
to  the  admissibility  of  the  testimony,  is  sufficiently  obligatory  on  the 
parties,  to  render  legal  the  informal  testimony  taken  on  both  sides. 

They  are  also  of  opinion,  though  perhaps  it  is  not  strictly  within  their 
province,  that  upon  the  application  of  either  party,  he  ought  to  be  al- 
lowed to  take  additional  testimony,  as  to  the  freehold  qualification  of 
the  voters,  where  certificates  are  silent  upon  such  subject. 

The  Committee  received  the  enclosed  communication  from  the  sit- 
ting member,  but  as  it  is  not  referred  to  them  to  decide  whether  the 
Convention  is  bound  by  what  occurred  before  the  committee  of  elec- 
tions, we  leave  that  matter,  if  necessary,  for  future  consideration. 
Respectfully  submitted: 

F.  B.  FOGG,  Chairman. 

On  motion  of  Mr.  FOGG,  said  report  was  laid  on  the  table  till  Mon- 
day next.  , 

Mr  WEBSTER  presented  the  memorial  of  sundry  citizens  of  the 
counties  of  Rutherford,  Warren  and  Bedford,  on  the  subject  of  new 
counties. 

Which,  on  his  further  motion,  was  laid  on  the  table. 

On  motion  of  Mr  BURTON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr.  Cannon  in  the  Chair,  upon  the  exist- 
ing Constitution  and  the  various  resolutions  to  them  referred,  propos- 
ing amendments  thereto;  and  after  some  time  spent  in  the  considera- 
tion thereof,  the  Committee  rose,  reported  progress,  asked  and  ob- 
tained leave  to  sit  again. 

And  then  the  Convention  adjourned. 

FRIDAY,  JULY  4, 1834. 

The  Convention  met  according  to  adjournment. 
On  motion  of  Mr  ROADMAN, 


121 

Ordered,  That  the  reading  of  the  Journal  of  the  preceding  day  be 
dispensed  with. 

Mr  FOGG  submitted  the  following : 

Whereas,  the  return  of  the  Anniversary  of  our  National  Indepen- 
dence, recalls  to  our  recollection  the  important  privileges  secured  to 
us  by  our  forefathers,  which  demand  the  gratitude  of  a  whole  nation; 
and  whereas,  it  has  been  announced  to  us  within  the  past  week,  that 
the  great  and  good  Lafayette,  one  of  the  earliest  supporters  of  our 
liberty  and  independence,  and  the  last  surviving  Major  General  of 
our  revolutionary  army,  had  been  removed  to  another  and  a  better 
world  ;  therefore  in  honor  of  the  day,  and  in  token  of  our  respect  and 
veneration  for  the  memory  of  that  illustrious  man,  whose  purity  of 
life  and  distinguished  services  to  our  country  have  endeared  him  to 
the  heart  of  every  American, 

1st.  Resolved,  That  the  members  of  this  Convention  and  its  offi- 
cers, with  other  citizens  of  our  State  and  such  strangers  as  may  choose 
to  join  with  us,  will  go  in  procession  to  the  Methodist  Episcopal 
Church,  to  hear  the  Declaration  of  Independence  read,  and  a  dis- 
course suitable  to  the  occasion  delivered. 

Resolved,  That  this  Convention  do  now  adjourn  until  to-morrow 
morning  at  the  usual  hour. 

And  the  rule  being  suspended,  the  said  preamble  and  resolutions 
were  unanimously  adopted. 

Mr.  JOHN  A.  McKiNNEY,  moved  that  a  Committee  of  three  be  ap- 
pointed to  wait  on  the  Rev.  Mr  Gwin  of  the  Methodist  Episcopal 
Church,  and  inform  him  that  the  Convention  are  now  ready  to  march 
in  procession  to  the  Methodist  Church,  to  hear  such  discourse  as  the 
occasion  requires  and  he  may  think  proper  to  make — which  motion 
prevailing, 

The  President  appointed  Messrs.  Fogg,  Roadman,  and  Loving,  the 
said  Committee — who  thereupon  proceeded  immediately  to  discharge 
the  duty  assigned  them  ;  and  after  a  lapse  of  a  few  minutes,  the  com- 
mittee returned  accompanied  by  the  Rev.  Mr.  Gwin;  who,  thereupon 
offered  a  fervent  and  appropriate  prayer  to  the  throne  of  Grace — at 
the  conclusion  of  which 

The  Convention  adjourned  till  to-morrow  morning  at  9  o'clock. 

[The  Convention  then  formed,  and  marched  in  procession  to  the 
Methodist  Episcopal  Church,  in  this  city;  when  the  Declaration  of  In- 
dependence was  read  by  the  Rev.  Mr.  Senter,  and  the  Rev.  Mr. 
Gwin  delivered  a  handsome,  eloquent  and  appropriate  Address.] 

SATURDAY,  JULY  5,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr.  HATTON  of  the  Cumberland  Presbyterian 
Church. 

Mr  GRAY  moved,  that  the  Convention  resolve  itself  into  Commit- 
tee of  the  Whole. 


122 

Mr.  HUNTSMAN  then  moved  that  the  Convention  adjourn  until 
Monday  morning,  the  usual  hour ;  whereupon  Mr.  Gray  demanded  ths 
ayes  and  noes. 

The  ayes  and  noes  being  taken,  it  was  determined  in  the  affirmative; 
ayes  23,  noes  20. 

The  affirmative  voters  are  : 

Messrs.  President  (Carter,)  Alexander,  Blount,  Cobbs,  Cheatham, 
Fulton,  Fogg,  Garrett,  Gillespy,  Hodges,  Huntsman,  Humphreys, 
Hess,  Kincannon,  Loving,  John  A.  M'Kinney,  Mabry,  Marr,  Porter, 
Purdy,  Senter,  Ury,  and  Weakley — 23. 

The  negative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Cross,  Gray,  Hill,  Kelly,  Kendall, 
Kimbrough,  M'Clellan,  Robert  J.  M'Kinney,  M'Gaughey,  Neal,  Nel- 
son, Roadman,  Robertson,  Stephenson,  Smith,  Smartt,  Sharp  and  Scott 

— m 

And  then  the  Convention  adjourned. 

MONDAY,  JULY  7th,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  WELLER  of  the  Episcopal  Church. 

Mr  WHITSON  presented  the  memorial  of  sundry  citizens  on  the  sub- 
ject of  education ;  which  was  read  and  referred  to  the  Committee  on 
that  subject. 

Mr  HUMPHREYS  presented  the  memorial  of  sundry  citizens  of  Fay- 
ette  and  Hardeman  counties,  asking  a  new  county ;  which  was  read 
and  referred  to  the  Committee  on  new  counties. 

On  motion  of  Mr  ROADMAN,  the  Convention  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referred  proposing 
amendments  thereto;  and  after  some  time  spent  in  consideration  there- 
of, the  committee  rose,  reported  progress,  asked  and  obtained  leave 
to  sit  again. 

Mr  BLOUNT  submitted  the  following, 

Resolved,  That  the  judicial  power  of  this  State  shall  be  vested  in 
one  supreme  court,  in  circuit  courts,  in  chancery  courts,  in  county 
courts  of  quarter  sessions  of  the  peace  for  each  county,  each  of  which 
descriptions  being  alike  proper  to  be  established  by  the  Constitution 
to  compose  the  judiciary  system,  and  in  justices  of  the  peace  ;  and 
also  in  such  other  courts  as  the  Legislature  may  from  time  to  time  es- 
tablish, to  wit :  Orphans'  courts,  courts  of  probate,  and  courts  for 
granting  letters  of  administration  and  letters  testamentary,  as  branches 
of  the  county  court,  or  people's  court  as  it  is  most  emphatically  called  : 
and  that  the  Legislature  assign  the  proper  jurisdiction  to  each  and 
every  description  of  the  above  courts,  as  the  public  good  may 
from  time  to  time  require;  specifying  also  what  number  of  justices 
of  the  peace  shall  constitute  a  court  of  quorum  for  the  trial  of  causes, 
and  likewise  what  number  of  justices  of  the  peace  shall  be  re- 


123 

quired  to  be  present,  for  the  transaction  of  business  relating  to 
taxes  for  county  purposes  and  for  appointing  collectors  of  the  same ; 
and  also  what  number  shall  be  required  to  be  present  for  the  transac- 
tion of  any  and  all  other  county  business.  But  this  Convention  shall 
designate  what  number  of  judges  shall  compose  the  court  of  errors  and 
appeals  and  the  Legislature  shall  designate  what  number  of  judges 
shall  compose  each  circuit  court,  and  also  what  number  of  chancellors 
there  shall  be,  and  shall  likewise  fix  on  the  times  and  places  each  and 
every  of  said  courts  of  law  and  equity,  thus  established  by  the  Con- 
stitution, shall  sit;  and  also  limit  the  duration  and  term  of  said  courts 
respectively;  but  the  Legislature  shall  not  at  any  time  change  the  cha- 
racter or  description  of  any  of  said  courts.  That  Judges,  Chancellors, 
Attorneys  General  or  District  Solicitors  and  Justices  of  the  Peace,  shall 
be  elected  by  the  Legislature  viva  voce,  and  their  vote  be  placed  on 
the  journals  of  each  House  :  that  the  tenure  of  office  of  said  Judges, 
Chancellors,  Attorneys  General  or  Solicitors  and  Justices  of  the 
Peace,  shall  be  that  of  good  behavior,  to  be  judged  of  by  a  court  of 
impeachment  only,  and  that  too  on  complaint  of  any  person  aggrieved, 
who  is  a  party  to  a  suit  in  any  of  said  courts  and  hath  had  cause  to 
complain.  That  each  court  shall  appoint  its  own  clerk,  during  good 
behavior,  removable  however,  by  the  court  for  wilful  neglect,  miscon- 
duct, or  ascertained  incapacity  in  office,  or  for  any  other  good  cause,re- 
lating  to  the  public  interest  or  public  morals,  or  for  malfeasance  in  office 
of  any  description 

And  also  the  following : 

Resolved,  That  the  court  of  errors  and  appeals  be  constituted  a 
court  for  the  trial  of  all  impeachments,  to  be  preferred  by  the  House 
of  Representatives  against  the  Governor,  the  Secretary  of  State,  tbe 
Judges  of  the  circuit  courts,  Chancellors,  and  District  Solicitors, 
which  trial  shall  be  by  the  aid  of  a  jury,  to  find  the  facts  growing  out 
of  the  testimony  or  connected  with  the  case.  That  the  Legislature 
shall  appoint  three  men  of  law  knowledge,  to  be  a  court  for  the  trial 
of  any  impeachment,  when  preferred  by  the  House  of  Representatives 
against  any  Judge  of  the  court  of  errors  and  appeals,  and  that  the 
trial  shall  be,  by  the  aid  of  a  jury  to  find  the  facts  growing  out  of  the 
testimony  connected  with  the  case.  That  the  circuit  courts  shall 
respectively  be  constituted  the  court  for  the  trial  of  indictments  in  the 
nature  of  impeachments,  when  preferred  against  any  of  the  inferior 
officers  of  the  departments  of  the  Government  ;  and  that  the  tri  al 
shall  be  by  and  with  the  aid  of  a  jury,  to  find  the  facts  growing  out  of 
the  testimony  or  connected  with  the  case,  and  that  such  an  impeach- 
ment shall  be  preferred  as  the  law  may  direct  as  to  inferior  officers 
above  alluded  to  ;  and  that  the  law  shall  also  specify  the  description  of 
offences  which  shall  be  thus  impeachable,  making  any  description  of 
wilful  misconduct  in  office,  supported  by  creditable  evidence,  an  im- 
peachable offence. 

On  motion  of  Mr  BLOUNT,  it  was  ordered,  that  the  foregoing  reso- 
lutions be  referred  to  the  Committee  of  the  Whole, 


124 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  resolutions  to  them  referred  propos- 
ing amendments  thereto  ;  a«d  after  some  time  spent  in  the  considera- 
tion thereof,  the  committee  rose,  reported  progress,  asked  and  obtain- 
ed leave  to  sit  again. 

And  then  the  Convention  adjourned. 

TUESDAY,  JULYS,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  WELLER  of  the  Episcopal  Church. 

On  motion  of  Mr  WHITE,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cheatham  in  the  Chair,  upon  the  existing 
Constitution  and  the  various  resolutions  to  them  referretl  proposing 
amendments  thereto;  and  after  some  time  spent  in  the  consideration 
thereof,  the  committee  rose,  reported  progress,  asked  and  obtained 
leave  to  sit  again. 

The  report  of  the  select  committee  on  privileges  and  elections,  made 
on  Thursday  last,  in  relation  to  the  contested  election,  between  Adam 
R.  Alexander,  the  sitting  member  from  the  county  of  Shelby,  arid  Ed- 
ward Ward,  was  taken  up,  considered,  and  concurred  with. 

On  motion  of  Mr  ALLEN,  the  report  of  the  standing  committee,  on 
privileges  and  elections,  made  on  Monday,  the  30th  of  June  last,  on 
the  same  subject,  was  taken  up,  and  being  read,  Mr  Allen  moved  a 
non-concurrence  with  so  much  thereof  as  declares  the  election  void 
and  proposes  to  refer  it  again  to  the  voters  of  Shelby  county;  which 
motion  prevailing, 

Mr  FOGG  submitted  the  following  in  lieu;  to  wit : 

"Resolved,  That  this  Convention  proceed  to  hear  the  testimony  ad- 
duced by  the  parties." 

Which  resolution,  with  the  consent  of  Mr  Fogg,was  laid  on  the  table. 

Mr  HUNTSMAN,  at  the  request  of  Mr  Fulton,  moved  a  re-considera- 
tion of  the  vote  of  the  Convention,  concurring  with  the  report  of  the 
select  committee  on  privileges  and  elections. 

And  thereupon  the  question  was  propounded,  "will  the  Convention 
re-consider  the  vote  of  concurrence,"  and  determined  in  the  affirma- 
tive. 

And  after  much  argument  had  thereon,  the  question  was  again  sub- 
mitted, Ciwill  the  Convention  concur  with  the  report,"  and  determin- 
ed in  the  affirmative. 

And  thereupon  the  Convention  adjourned. 

WEDNESDAY,  JULY  9,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian. 
Church. 


125 

Mr  JOHN  A.  M'KINNEY,  from  the  committee  on  the  subject  of 
emancipation,  made  the  following 

REPORT: 

The  committee  to  whom  was  referred  the  duty  of  assigning  the  rea- 
sons why  the  Convention  declined  acting  on  the  memorials  presented 
on  the  subject  of  emancipation,  and  to  whom  the  memorials  on  that 
subject  were  referred,  and  to  whom  said  memorials  have  been  recom- 
mitted, with  instructions  to  report  the  number  of  the  memorialists,  the 
parts  of  the  State  in  which  they  reside,  what  number  of  the  memori- 
alists purport  to  be  slaveholders,  what  plan  of  emancipation  they  pur  • 
pose,  &c.,  have  again  had  the  subject  under  consideration  and  respect- 
fully submit  the  following  additional  report : 

The  committee  are  aware  that  a  supplemental  report  in  this  case  has 
become  necessary,  from  the  circumstance  that  certain  members  of  the 
Convention  have  spread  upon  the  journals,  and  sent  abroad  to  the 
public,  what  they  are  pleased  to  call  a  protest  against  the  former  report 
made  by  this  committee,  and  against  the  Convention  for  receiving  that 
report,  and  also  against  the  manner  in  which  the  Convention  acted  in  re- 
lation to  the  memorials,  presented  by  sundry  citizens  cf  this  State,  on 
the  subject  of  emancipation.  In  which  protest  it  is  asserted ,  that 
these  memorials  came  from  almost  every  part  of  the  State;  that  a 
large  portion  of  them  were  slave  holders;  that  they  had  not  proposed 
any  particular  plan  of  emancipation;  that  the  Convention  did  not 
treat  the  memorialists  with  due  respect;  that  the  doctrines  contained 
in  the  report,  are  at  variance  with  the  spirit  of  the  Gospel,  and  are 
subversive  of  true  republicanism;  and  that  the  report  so  accepted  by 
the  Convention,  is  only  an  apology  for  slavery.  It  these  assertions 
be  true,  then  the  report  ought  to  be  execrated  by  every  member  of 
the  community;  and  the  Convention  are  exceedingly  blameable  for  re- 
ceiving it  and  for  their  want  of  respect  to  the  memorialist.13;  but,  on 
the  contrary,  if  every  one  of  the  statements  in  the  protest  are  untrue, 
or  mistaken,  then  a  just  community,  an  intelligent  public,  will  lay  the 
blame  where  it  ought  to  lie.  The  committee  have  carefully  examined 
the  memorials,  and  find  the  number  of  signatures  attached  to  them, 
to  be  one  thousand  seven  hundred  and  eighty-two;  and  one  memorial 
has  since  been  received  from  Knox  county,  with  twenty-two  names, 
which  would  make  the  whole  number  of  signers  one  thousand  eight 
hundred  and  four.  Of  whom  one  hundred  and  five  purport  to  be 
slaveholders,  and  though  it  may  be  true,  that  a  few  of  the  memorial- 
ists who  do  not  state  themselves  to  be  slaveholders,  may  be  so  in 
point  of  fact,  yet  the  committee,  from  the  inquiry  they  have  made 
and  the  means  of  knowledge  they  possess  on  this  subject,  believe  the 
number  to  be  very  inconsiderable,  if  any.  It  cannot,  therefoie,  be 
true,  in  any  common  acceptation  of  the  term,  that  a  large  portion  of 
the  memorialists  were  slaveholders,  as  is  asserted  in  the  protest,  and 
the  inference  drawn  from  that  assumed  feet,  in  the  protest,  is  altogcth- 


126 

er  incorrect.  The  committee  are  satisfied  from  the  inquiries  made  by 
them,  that  all  the  slaveholders  who  signed  the  memorials  presented 
to  the  Convention,  are  not  the  owners  of  five  hundred  slaves,  and  pro- 
bably not  of  half  that  number ;  and  how  the  signers  of  the  protest 
came  to  draw  the  inference,  that  because  the  owners  of  some  two  or 
three  hundred  slaves  wish  to  have  them  emancipated,  therefore  the 
owners  of  the  residue  of  the  hundred  and  fifty  thousand  slaves  in  this 
State,  would  not  remove  them  from  the  State,  in  the  manner  suggest- 
ed in  the  report,  the  committee  cannot  tell;  but  they  are  sure  the  con- 
clusion is  not  a  fair  deduction  from  the  premises. 

The  committee  further  state,  that  as  far  as  they  have  been  able  to 
ascertain,  the  memorials  came  from  persons  residing  in  the  counties  of 
Washington,  Greene,  Jefferson,  Cocke,  Sevier,  Blount,  M'Minn, 
Monroe,  Knox,  Rhea,  Roane,  Overton,  Bedford,  Lincoln,  Maury  and 
Robertson.  That  the  number  of  memorialists  residing  in  Washington 
is  two  hundred  and  seventy- three,  in  Greene,  three  hundred  and  sev- 
enty-eight, in  Maury  thirty-three;  in  Overton  sixty-seven,  in  Robert- 
son twenty -four,  in  Lincoln  one  hundred  and  five,  in  Bedford  one  hun- 
dred and  thirty-nine;  but  as  some  of  the  memorials  appear  to  be  sign- 
ed by  the  inhabitants  of  more  than  one  county,  the  committee  cannot 
designate  the  number  from  each;  but  as  far  as  they  have  been  able  to 
ascertain,  the  memorialists  reside  in  the  counties  already  named:  from 
which  it  appears  that  from  forty-six  counties  in  this  State,  no  memo- 
rials on  the  subject  of  emancipation  have  been  presented;  and  from 
more  than  two-thirds  of  the  sixteen  counties  from  which  memorials  did 
come,  the  signers  are  very  few  in  number:  it  is  therefore  evidently 
incorrect,  that  those  memorials  came  from  almost  every  part  of  the 
State;  and  all  the  inferences  drawn  from  that  assumed  fact  are  obvi- 
ously delusive.  And,  indeed,  when  the  committee  consider  the  facil- 
ity with  which  signers  to  petitions  and  memorials,  for  almost  every 
purpose,  can  be  procured;  and  when  they  further  reflect,  that  of  the 
five  hundred  and  fifty  thousand,  the  supposed  number  of  the  free 
white  population  of  this  State,  only  eighteen  hundred  and  four  have 
signed  the  memorials  laid  on  the  table  of  the  Convention,  they  esteem 
it  any  thing  else  than  an  expression  of  the  public  sentiment  on  this 
subject. 

The  committee  further  state,  that  the  memorial  from  the  county  of 
Washingto'n,  is  almost  the  only  one  that  does  not  propose  a  definite 
plan  of  emancipation.  Of  the  residue,  thirty  in  number,  about  one 
half  of  the  memorials  ask  to  have  all  the  children  of  slaves  in  this 
State,  which  shall  be  born  after  the  year  1835  made  free,  and  that  all  the 
slaves  in  the  State  shall  be  made  free  in  1855,  (within  twenty-one 
years  from  this  date)  and  that  they  shall  all  be  sent  out  of  the  State: 
all  the  other  memorials  request,  that  all  the  slaves  shall  be  made  free 
against  the  year  1866,  and  that  they  may  be  colonized.  The  memori- 
alists, therefore,  did  propose  a  plan  of  emancipation,  the  utter  im- 
practicability of  which,  must  be  apparent  to  all  who  examine  it  for  a 
moment.  To  assert  that  the  hundred  and  fifty  thousand  slaves  now 


127 

in  this  State,  together  with  their  increase,  could  be  emancipated  and 
colonized  in  the  short  term  of  twenty-one  or  even  thirty-two  yeais, 
with  the  aid  of  any  means  at  the  command  of  the  State,  is  a  proposition 
so  full  of  absurdity,  that  no  person  in  his  sober  senses,  who  had  ta- 
ken any  time  to  reflect  on  the  subject,  could  possibly  maintain. 

The  Committee,  on  behalf  of  themselves  and  the  honorable  body  of 
which  they  are  members,  feel  it  to  be  their  duty  to  repel  the  charge  of 
treating  the  memorialists  with  any  disrespect.  1  he  memorials  were 
all  read  at  the  table  by  the  Secretary,  and  were  listened  to  attentively 
by  the  members:  after  being  read  they  were  laid  on  the  table,  until 
some  member  would  call  them  up  for  consideration.  The  member 
from  Washington  moved  to  have  them  referred  to  a  select  committee 
of  thirteen,  ( one  from  each  Congressional  District, )  with  instructions 
to  that  committee  to  devise  a  plan  of  emancipation  in  conformity  with 
the  prayer  of  the  memorialists.  The  member  from  Madison  moved  to 
lay  the  resolution  of  the  member  from  Washington  on  the  table  until 
after  the  rise  of  the  Convention;  and  then  the  Convention  were  called 
upon  to  decide  whether  it  was  right  and  proper  for  them  to  waste  time, 
expend  the  public  money,  and  kindle  ill  feelings  among  the  members 
in  discussing  a  plan,  which  every  member  of  the  Convention  knew  full 
well,  and  none  better  than  those  who  signed  the  protest,  could  not  be 
accomplished;  and  on  this  point  a  large  majority  of  the  Convention 
thought,  that  duty  called  on  them  not  to  enter  upon  a  discussion  which 
could  effect  no  good,  and  might  produce  much  evil:  but  in  all  this,  not 
a  disrespectful  word  was  spoken  of  the  memorials,  or  the  memorialists; 
no  one  impugned  their  motives  or  expressed  any  doubts  as  to  the  cor- 
rectness of  their  intentions;  and  the  Committee  are  Avell  justified  in 
saying  that  it  was  in  the  flow  of  good  feelings,  and  as  a  mark  of  respect 
to  the  memorialists,  that  a  committee  was  appointed  to  state  the  rea- 
sons which  induced  the  Convention  to  refuse  to  act  on  the  subject. 
Although,  to  as  many  of  the  memorialists  as  purported  to  be  slavehol- 
ders, the  Convention  might  have  said  with  great  propriety,  begin  the 
benevolent  work  you  have  so  much  at  heart,  by  emancipating  your  own 
slaves  and  sending  them  to  the  land  of  their  ancestors;  you  cannot  rea- 
sonably ask  other  people  to  be  at  the  expense  of  colonizing  your  slaves; 
your  conduct  will  have  a  salutary  influence  in  prompting  others  to  do 
the  same;  for  example  is  far  more  persuasive  than  precept:  you  need 
not  the  aid  of  the  Convention  to  enable  you  to  do  this;  and  in  doing  it, 
you  will  give  a  proof  of  the  sincerity  of  your  wishes  on  the  subject, 
and  at  the  same  time  you  will  enrol  your  names  among  the  benefactors 
of  mankind.  To  the  memorialists  who  represent  themselves  as  non- 
slaveholders,  they  might  have  said,  you  need  not  have  knocked  at  the 
door  of  the  Convention,  asking  its  aid  in  a  matter  in  which  you  are 
i  so  little  interested;  if  slavery  be  an  evil,  from  your  own  showing  you 
arc. not  oppressed  with  it:  if  it  be  a  sin  to  own  slaves,  that  sin  lies  not 
at  your  door,  nor  will  you  be  answerable  for  it:  if  the  soil  that  is  mois- 
tened by  the  sweat  of  the  slave,  lies  under  the  malediction  of  Heaven, 
your  soil  is  not  liable  to  that  curse,  nor  will  your  crop  be  injured  by  it. 


128 

In  this  language  the  Convention  might  have  addressed  the  memorial- 
ists; but  in  this  language  and  in  this  spirit  they  did  not  address  them. 
No,  they  spoke  to  them  in  the  language  of  kindness,  and  in  soberness 
and  truth,  told  them  the  reason  why  the  prayer  of  their  memorials 
could  not  be,  and  in  their  opinion  ought  not  to  have  been,  granted. 
The  Committee  are,  therefore,  authorized  to  say,  that  it  is  not  true  that 
the  memorialists  were  treated  with  any  disrespect  by  the  Convention. 
Whether  the  report  heretofore  made,  and  accepted  by  the  Conven- 
tion, be  at  variance  with  the  spirit  of  the  Gospel  or  otherwise,  is  a 
question  the  committee  will  leave  to  others  to  determine:  but  they 
may  be  permitted  to  remark,  that  it  is  at  least  possible,  for  persons  to 
talk  much  about  the  Gospel,  who  do  not  understand  its  doctrines  ncr 
remember  its  precepts.  The  committee  understand  the  precepts  of 
the  Gospel  to  be  addressed  to  every  one  individually;  and  that  the  in- 
dividual so  addressed  is  bound  to  obey  those  precepts,  under  the  pen- 
alty of  receiving  such  punishments  as  shall  be  inflicted  by  Him  who, 
when  he  sits  in  judgment  upon  the  children  of  men,  will  deal  with  each 
of  them  according  to  what  he  has  done,  and  not  according  to  what  his 
neighbor  has  done.  The  committee  understand  the  precepts  of  the 
Gospel  as  calling  on  every  man  to  obey  them  himselfj  but  they  do  not 
understand  them  as  telling  him  to  take  his  neighbor  by  the  throat  to 
compel  him  to  obey  them.  To  apply  this  to  the  case  under  considera- 
tion, the  committee  have  no  doubt  that  the  precepts  of  the  Gospel  ap- 
ply to  every  man's  own  conscience  on  the  subject  of  slavery,  and  tell 
the  owner  of  the  slave  to  act  accordingly,  both  as  it  regards  his  (reat- 
ment  and  his  emancipation;  but  there  is  no  precept  known  to  the  com- 
mittee, which  says  to  any  person,  you  shall  compel  your  neighbor  to  do 
whatever  you  think  right  in  any  case.  To  explain  themselves  more 
fully,  the  committee  believe  that  if  any  of  the  persons  who  signed  the 
protest  are  slaveholders,  then  according  to  their  own  opinions,  as  ex- 
pressed by  themselves,  they  ought  instantly  to  set  their  slaves  free  and 
colonize  them;  otherwise  they  wrill  stand  condemned  by  the  judgment 
pronounced  by  themselves,  as  violators  of  the  precepts  of  the  Gospel: 
but  while  the  committee  would  award  to  them  in  the  fullest  extent, 
the  right  to  judge  their  own  conduct  in  this  respect;  they  deny  that 
they  have  any  right  to  sit  in  judgment  on  others  and  condemn  them; 
they  remember  the  language  of  holy  writ  on  this  very  subject:  "  Who 
art  thou  thatjudgest  another  man's  servant;  to  his  own  master  he  stand- 
eth  orfalleth." 

But  after  all,  what  can  be  collected  from  the  sayings  and  doings  of  the 
first  teachers  of  Christianity  on  the  subject  of  slavery?  At  the  time 
of  the  promulgation  of  the  Gospel,  slavery  existed  in  that  part  of  the 
world  where  the  glad  tidings  of  '•'•peace  on  earth  and  good  will  to 
man"  were  first  proclaimed;  and  in  a  much  worse  form  than  it  now  ex- 
ists in  this  State;  for  then  the  master  had  the  power  of  life  and  death  in 
his  own  hands,  and  might  put  his  slave  to  death  with  impunity;  and  yet 
on  this  subject,  we  do  not  hear  of  one  word  spoken  by  the  Divine  Au- 
thor of  Christianity,  nor  by  his  forerunner,  ncr  by  his  followers  and 


129 

disciples,  out  of  their  mouths,  we  hear  of  no  denunciation,  against 
slav  eholders;  nor  do  we  hear  of  their  presenting  any  memorials  to 
the  rulers  of  the  nations  among  whom  they  were  scattered,  praying 
them  to  abolish  slavery  or  to  emancipate  the  slaves  then  abounding 
in  those  nations.  For  the  sake  of  illustration,  the  committee  will  ex- 
hibit as  an  example,  the  conduct  of  one  of  the  most  eminent,  most 
unwearied,  and  most  successful  ministers  of  that  holy  religion:  behold 
Paul  of  Tarsus,  a  man  who  was  born  a  Roman  citizen;  who  was  a 
learned  man,  educated  at  the  feet  of  Gamaliel;  who  was  so  eloquent 
that  he  could  make  the  Roman  Governor  tremble  on  the  judgment 
seat,  and  almost  persuade  the  unbelieving  Agrippa  to  be  a  Christian; 
this  great  man,  who  exhibited  the  sincerity  of  his  profession,  by  suf- 
fering cold  and  hunger  and  cruel  persecutions  of  almost  every  kind, 
and  finally  martyrdom  itself  in  the  holy  cause  of  religion,  what  did 
he  do  in  a  case  of  this  kind?  He  found  a  runaway  slave  named  Onesi- 
inus,  and  converted  him  to  Christian  faith;  but  we  do  not  hear  that  he 
told  him  that  slavery  was  a  dreadful  thing,  that  his  master  Philemon 
was  a  violator  of  the  Gospel  for  holding  him  in  bondage,  and  that  he 
had  no  right  to  his  services.  No  such  thing.  Paul  sends  the  runaway 
back  to  his  master,  and  writes  a  letter  to  Philemon,  of  wrhich  letter 
we  have  a  copy  to  this  day.  But  in  it,  he  does  not  speak  in  the  lan- 
guage of  the  protest,  and  tell  him  he  is  a  very  wicked  man  for  hold- 
ing his  fellow-man  as  a  servant.  No,  Paul  does  not  speak  to  Phile- 
mon in  the  self-righteous  language  of  the  proud  Pharisee,  who  thank- 
ed God  that  he  was  not  as  other  men;  on  the  contrary,  he  speaks  to 
him  in  the  kindest  language  and  calls  him  his  dearly  beloved  Phile- 
mon; slaveholder  as  he  was,  he  acknowledges  him  to  be  a  Christian 
brother,  and  expresses  the  most  unshaken  confidence  in  his  sincerity. 
It  is  true  he  tells  him,  that  he  expects  he  will  receive  back  his  runa- 
way, then  converted  to  Christianity,  as  something  mote  than  a  servant; 
but  still  he  recognizes  Philemon's  right  as  a  master  by  sending  his 
servant  back  to  him  again.  There  can  be  no  doubt  that  ever  since 
the  light  of  the  Gospel  has  shone  upon  our  dark  benighted  world;  its 
precepts  operating  on  the  heart  of  man,  have  caused  many  a  master  to 
ameliorate  the  condition  of  his  slave,  by  better  treatment  or  by  mak- 
ing him  altogether  free  ;  yet  that  effect  has  not  been  produced  by  noi- 
sy denunciations  from  one  person  to  another,  telling  him  what  he 
ought  to  do,  but  by  every  one  applying  the  precept  to  his  own  con- 
science and  acting  accordingly.  The  signers  of  the  protest  do  not 
pretend  to  show  how  the  principles  assumed  in  the  report,  are  in  their 
tendency  subversive  of  the  principles  of  republicanism,  but  only  assert 
them  to  be  so. 

It  is  very  obvious  that  the  great  end  for  which  a  republican  govern- 
ment is  instituted,  is  to  promote  peace,  protect  property,  and  to  pre- 
serve all  the  rights  and  privileges  of  every  member  of  the  community. 
Therefore,  whatever  has  a  tendency  to  the  attainment  of  these  ends, 
is  in  perfect  accordance  with  the  principles  of  a  republican  govern- 
ment. If  a  proposition  was  made  to  introduce  slavery  into  a  com- 

M 


130 

munity  where  it  never  before  existed,  that  proposition  would  be  con- 
trary to  the  doctiines  on  which  a  republican  government  is  founded. 
But  in  a  community  where  slavery  has,  by  the  permission  of  the 
laws,  existed  for  a  long  period  of  time — where  slaves  are  exceedingly 
numerous,  and  where  perhaps  a  majority  of  the  members  of  the  State 
are  slaveholders,  and  when  the  State  has  no  funds  at  its  disposal,  out 
of  which  to  compensate  the  owner  of  the  slave,  which  ought  to  be 
done  if  he  loses  that  right  which  he  obtained  by  the  sanction  of  the  law, 
then  it  is  in  perfect  accordance  with  republican  principles,  that  the 
minority  should  submit  to  the  will  of  the  majority;  more  especially  if 
the  majority  do  not  attempt  to  compel  the  minority  either  to  acquire 
slaves  or  to  keep  them  if  they  have  them  already.  In  addition  to  all 
this,  if  the  State  has  not  the  means  of  removing  the  emancipated 
slaves  beyond  its  limits,  nor  of  colonizing  them  abroad,  and  if  they 
cannot  be  permitted  to  remain  after  they  are  emancipated,  without  en- 
dangering the  peace  and  destroying  the  happiness  of  the  community, 
surely  in  a  case  of  that  kind  a  sacred  regard  for  the  very  end  for  which 
a  republican  government  is  instituted,  forbids  the  adoption  of  a  mea- 
sure, the  obvious  tendency  of  which,  would  be  to  defeat  that  very  end. 
If  the  emancipation  of  one  hundred  and  fifty  thousand  slaves  and  their 
increase,  in  the  term  of  twenty-one  years  or  even  in  a  much  longer 
period,  be  utterly  impracticable;  if  it  would  turn  loose  on  society  a 
mass  of  population  which  could  not  either  be  removed  or  permitted 
to  remain,  who,  while  they  could  not  enjoy  happiness  themselves, 
would  inevitably  destroy  the  happiness  of  the  white  population;  and 
if  the  measure  in  its  enactment  would  take  away  rights  and  privileges 
solemnly  guarantied  by  the  laws  of  the  State,  surely  those  who  are 
charged  with  the  duty  of  preserving  pure  and  entire,  all  the  privileges 
and  immunities  of  the  whole  community,  ought  not  to  adopt  a  plan, 
the  tendency  of  which  would  be,  to  destroy  the  very  things  they  are 
bound  to  preserve,  and  at  the  same  time  to  sap  the  very  foundation  of 
a  republican  government. 

The  committee  are  fully  persuaded,  that  great  mischief  may  be  done 
by  raising  expectations  in  any  class  of  the  community,  which  are  not 
to  be,  and  which  cannot  be,  realized;  and  they  believe  there  is  some- 
thing very  uncandid  in  condemning  others  for  not  adopting  a  measure, 
which  the  fault-finders  would  have  been  the  last  to  have  adopted.  They 
will  not  pretend  to  divine  what  ends  are  to  be  accomplished  by  such  a 
course  of  conduct;  but  of  one  thing  they  are  satisfied,  that  the  people 
of  Tennessee,  just,  generous  and  intelligent  as  they  are,  will  examine 
and  determine  for  themselves. 

JOHN  A.  M'KINNEY,  Chairman. 

Mr  GARRETT  moved  a  concurrence  with  said  report;  but  before 
any  question  was  had  thereon,  on  motion  of  Mr  KINCAID,  it  was  or- 
dered, that  said  report  be  laid  on  the  table. 

On  motion  of  Mr  FOGG,  his  resolution  made  on  yesterday,  on  the  sub- 
ject of  the  contested  election  between  Adam  R.Alexander  the  sitting 


131 

member  from  Shelby  county  and  Edward  Ward,  was  taken  up  and 
read. 

In  lieu  of  which,  Mr  GARRETT  submitted  the  following : 

Whereas,  it  appears  to  this  Convention,  that  there  is  some  dissatis- 
faction arising  out  of  part  of  the  agreements  said  to  have  been  made 
between  Col.  Edward  Ward  and  Col.  Adam  R.  Alexander,  and  the 
committee  on  privileges  and  elections,  in  relation  to  legalizing  certain 
testimony  produced  to  said  committee,  and  for  the  purpose  of  doing 
equal  and  impartial  justice  between  the  said  Ward  and  Alexander,  and 
placing  them  in  the  same  situation  they  were  in  before  any  agreements 
were  made: 

Resolved,  That  this  Convention  will  receive  no  testimony  in  the 
contested  election  between  Cols.  Ward  and  Alexander,  except  that  of 
a  purely  legal  character;  any  supposed  agreement  between  the  parties 
to  the  contrary  notwithstanding. 

Resolved,  That  either  party  be  entitled  to  such  process,  by  way  of 
commission  to  take  depositions  or  otherwise,  as  will  enable  them  to 
produce  their  testimony,  in  a  legal  manner  before  the  Convention. 

And  the  rule  being  suspended,  and  the  question  had  on  receiving 
said  resolutions  in  lieu  of  Mr  Fogg's  resolutions,  it  was  determined  in 
the  affirmative;  ayes  37,  noes  18. 

The  ayes  and  noes  being  demanded  by  Mr  MABRY, 

The  affirmative  voters  are, 

Messrs  President  ( Carter ),  Allen, Bradshaw,  Blount.  Cannon,  Child- 
ress,  Cross,  Fulton,  Garrett,  Gillespy,  Gray,  Hodges,  Hill,  Huntsman, 
Humphreys,  Hess,  Kelly,  Kimbrough,  Ledbetter,  M'Clellan,  Robert 
J.  M'Kinney,  John  A.  M'Kinney,  M'Gaughey,  Montgomery,  Marr, 
Neal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Senter, 
Smith,  Smartt,  Ury,  and  Webster— 37. 

The  negative  voters  are, 

Messrs  Burton,  Cabal,  Cobbs,  Cheatham,  Douglass,  Fogg,  Gordon, 
Kincannon,  Kincaid,  Loving,  Mabry,  Stephenson,  Sharp,  Scott,  Whit- 
son,  Walton,  White  and  Wcakley — 18. 

The  question  then  recurring  upon  the  adoption  of  said  resolutions, 
it  was  determined  in  the  affirmative;  ayes  37,  noes  18. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  aie, 

Messrs  President  ( Carter),  Allen,  Bradshaw,  Blount,  Cannon,  Chil- 
dress,  Cross,  Fulton,  Garrett,  Gillespy,  Gray,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hess,  Kelly,  Kimbrough,  Ledbetter,  M'Clellan, 
Robert  J.  M'Kinney,  John  A.  M'Kinney,  M'Gaughey,  Montgomery, 
Marr,  Neal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Senter,  Smith,  Smartt,  Ury  and  Webster— 37. 

The  negative  voters  are, 

Messrs  Burton,  Cabal,  Cobbs,  Cheatham,  Douglass,  Fogg,  Gordon, 
Kincannon,  Kincaid,  Loving,  Mabry,  Stephenson,  Sharp,  Scott,  Whit- 
son,  Walton,  White  and  Weakley— 18. 

And  so  said  resolutions  wtre  adopted 


132 

Mr  COBBS  submitted  the  following: 

1st.  Resolved,  That  the  Convention  forth  with  proceed  to  the  examina- 
tion of  the  testimony,  in  the  contested  election  between  Col.  Edward 
Ward  and  Col.  Adam  R.  Alexander;  and 

2nd.  Resolved  further,  that  upon  the  application  of  either  party,  he 
be  allowed  to  take  further  testimony,  before  the  case  shall  be  finally 
disposed  of. 

And  the  rule  being  suspended,  a  division  of  the  question  on  the  two 
resolutions,  was  moved  by  Mr  GARRETT;  and  prevailed. 

The  question  was  then  had  upon  the  adoption  of  the  first  resolution 
and  determined  in  the  affirmative. 

The  question  being  then  had  upon  the  adoption  of  the  secon 
lution;  it  was  determined  in  the  affirmative. 

And  so  said  resolutions  were  adopted, 

And  then  the  Convention  adjourned. 

THURSDAY,  JULY  10,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
With  prayer,  by  the  Rev.  Mr.  WELLER  of  the  Episcopal  Church. 

After  the  morning  business  was  gone  through,  the  Convention  re- 
sumed the  consideration  of  the  contested  election  between  Adam  R. 
Alexander  and  Edward  Ward. 

Mr  CANNON  moved  that  the  Secretary  proceed  to  read  the  testimo- 
ny adduced  by  the  memorialist. 

On  motion  of  Mr  ALLEN,  it  was 

Ordered,  That  before  the  reading  of  the  testimony  is  commenced, 
the  sitting  member  and  the  Secretary  be  furnished  with  a  list  of  the 
challenged  voters. 

Mr.  ALEXANDER,  the  sitting  member,  signified  to  the  Convention, 
that  he  would  dispense  with  such  list. 

On  motion  of  Mr  CHILDRESS,  it  was 

Ordered,  That  the  list  furnished  the  Secretary  by  the  memorialist, 
shall  specify  the  class  of  testimony  to  which  each  certificate  or  deposi- 
tion belongs. 

The  certificate  of  Gerrard  Billington  was  then  read  ;  whereupon, 

Mr  HUMPHREYS  moved  to  exclude  the  said  certificate,  on  the  ground 
that  said  testimony  was  not  of  a  purely  legal  character,  in  conformity 
with  the  resolution  adopted  by  the  Convention;  but  before  any  de- 
termination was  had  upon  said  motion, 

Mr.  LOVING,  on  behalf  of  Col.  Ward,  moved  for  leave  to  be  heard 
by  counsel  at  the  bar  of  the  Convention,  upon  questions  arising  upon 
the  present  contested  election  ;  which  leave  was  granted. 

Whereupon,  Colonel  WARD  introduced  to  the  Convention  Wm.  E. 
Anderson  Etq.  as  his  counsel. 

Mr  HUMPHREYS  withdrew  his  motion. 

Mr  HUNTSMAN  then,  on  the  suggestion  of  Mr.  Anderson  as  coun- 
sel for  Col.  Ward,  moved  for  a  reconsideration  of  Mr  Garrett's  reso- 
lution made  on  yesterday : 


133 

And  the  sense  of  the  Convention  being  had  thereon,  it  was  deter- 
mined in  the  negative  ;  ayes  17,  noes  38. 

And  the  ayes  and  noes  being  required  those  who  voted  in  the  affirm- 
ative are, 

Messrs.  Burton,  Cahal,  Cobbs,  Cheatham,  Douglass,  Fogg,  Gordon, 
Kincannon,  Kincaid,  Loving,  Mabry,  Stephenson,  Sharp,  Scott,  Whit- 
son,  White  and  Weakley — 17. 

Those  who  voted  in  the  negative  are 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Blount,  Cannon, 
Childress,  Fulton,  Garrett,  Gillespy,  Gray,  Hodges,  Hill,  Huntsman, 
Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Ledbetter,  M'Clellan, 
Robert  J.  M'Kinney,  John  A.  M'Kinney,  M'Gaughey,  Montgomery, 
Marr,  Neal,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Senter,  Smith,  Smartt,  Ury,  Walton  and  Webster — 38. 

And  so  the  Convention  refused  to  reconsider  said  resolution. 

Mr  GORDON  submitted  the  following  : 

Resolved,  That  the  memorialist  and  the  sitting  member  from  Shel- 
by, are  and  were  competent  to  make  an  agreement  relative  to  the 
mode  of  taking  evidence  to  be  used  in  the  contested  election,  and 
that  such  agreement  will  be  regarded  as  valid  and  binding  upon  them, 
and  upon  the  Convention  in  the  decision  of  said  contest. 

Mr  GORDON  moved  to  suspend  the  rule  requiring  resolutions  to  lie 
one  day  on  the  table,  and  the  question  being  had  on  said  motion  it  was 
determined  in  the  negative. 

Mr  HUMPHREYS  renewed  his  motion  for  the  rejection  of  the  certi- 
ficate of  Gerrard  Billington. 

Mr  ANDERSON,  as  Col.  Ward's  counsel,  was  heard  against  the  re- 
jection of  the  testimony;  but  before  he  concluded  his  remarks,  he  gave 
way  for  a  motion  for  adjournment. 

And  before  the  question  for  adjournment  was  put 

Mr  ALEXANDER,  the  sitting  member  from  Shelby  moved  for  leave 
to  be  heard  at  the  bar  of  the  Convention,  by  counsel,  on  the  ques- 
tions touching  the  contested  election;  whereupon  it  was  ordered  by  the 
Convention  that  he  have  such  leave. 

And  then  the  Convention  adjourned. 

FRIDAY,  JULY  11,1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Right  Rev.  Bishop  OTEY  of  the  Episcopal  Church. 

Mr.  HUNTSMAN  submitted  the  following  : 

Resolved,  That  the  Constitution  be  so  amended,  that  contested  e- 
lections  for  seats  in  the  Legislature  shall  be  determined  by  the  circuit 
or  chancery  courts  of  the  district  or  county,  wherein  such  contest  may 
have  originated,  under  such  rules,  regulations  and  restrictions  as  the 
Legislature  shall  provide. 

After  the  morning  business  was  gone  through,  the  Convention  again 
resumed  the  consideration  of  the  contested  election  between  Adam  R. 
Alexander  and  Edward  Ward. 


134 

Mr  ALEXANDER,  the  sitting  member,  introduced  to  the  Convention, 
Samuel  H.  Laughlin  Esquire,  as  his  counsel. 

Mr  HUMPHREYS,  at  the  request  of  Mr  Webster,  withdrew  his  mo- 
tion for  the  rejection  of  the  certificate  of  Gerrard  Billington. 

Mr  WEBSTER  then  submitted  the  following  : 

"Whereas,  in  the  case  of  the  contested  election  between  Col.  Alex- 
ander and  Col.  Ward,  the  parties  have  appeared  by  counsel  before  the 
Convention,  and  to  the  end  that  justice  may  be  done,  they  have  been 
invited  to  seats  within  the  bar  of  the  Convention,  with  the  right  to  in- 
vestigate the  claims  of  their  respective  clients  to  a  seat  within  this 
body  : 

"Therefore,  in  order  to  expedite  the  business  of  this  Convention, 

"Resolved,  that  during  the  investigation  of  said  contested  election, 
no  member  of  the  Convention  shall  give  an  opinion,  except  in  writing, 
to  be  read  at  the  Secretary's  table." 

Mr  WEBSTER  moved  a  suspension  of  the  rule  requiring  resolu- 
tions to  lie  one  day  on  the  table,  and  the  question  being  had  "will  the 
Convention  suspend  the  rule,"  it  was  determined  in  the  negative  ;  ayes 
14,  noes  39. 

The  ayes  and  noes  being  required  by  Mr  Humphreys, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Armstrong,  Burton,  Childress,  Cabal,  Cross,  Gray,  Hill, 
Huntsman,  Kelly,  Kincaid,  Porter,  Richardson,  Smith,  and  Webster — 
14. 

Those  who  voted  in  the  negative  are, 

Messrs.  Allen,  Bradshaw,  Blount,  Cannon,  Cobbs,  Cheatham,  Doug- 
lass, Fulton,  Fogg,  Garrett,  Gillespy,  Gordon,  Hodges,  Humphreys, 
Hess,  Kendall,  Kimbrough,  Ledbetter,  Loving,  M'Clellan,  Rooert  J. 
M'Kinney,  John  A.  M'Kinney,  M'Gaughey,  Montgomery,  Marr,Neal, 
Nelson,  Purdy,  Roadman,  Ridley,  Stephenson,  Senter,  Sharp,  Scott, 
Ury,  Whitson,  Walton,  White,  and  Weakley— 39. 

And  so  the  Convention  refused  to  suspend  the  rule. 

Mr  SMITH  submitted  the  following  : 

"Resolved^  That  the  memorialist  and  the  sitting  member,be  permitted 
to  have  read  before  the  Convention  the  whole  of  their  certificates  and 
affidavits,  in  regular  order,  as  they  have  arranged  and  classed  the  same, 
betore  the  Convention  proceed  to  decide  on  the  competency  or  pure- 
ly legal  character  of  the  same  or  any  part  of  them." 

Mr  SMITH  moved  a  suspension  of  the  rule  requiring  resolutions  to 
lie  one  day  on  the  table  ;  and  the  sense  of  the  Convention  being  had 
thereon,  it  was  determined  in  the  negative. 

Mr  HUMPHREYS  renewed  his  motion  to  reject  the  testimony  of 
Gerrard  Billington. 

Mr.  ANDERSON,  as  Col.  Ward's  counsel,  resumed  the  floor  in  oppo- 
sition to  the  rejection  of  said  testimony,  and  was  followed  by  Mr 
LAUGHLIN,  as  Col.  Alexander's  counsel;  in  support  of  Mr.  Humphreys' 
motion. 

The  question  recurring  upon  the  adoption   of  said  motion  of  Mr 


135 

Humphreys,  and  the  question  being  had  thereon,  it  was  determined 
in  the  affirmative;  ayes  44,  noes  11. 

The  ayes  and  noes  being  demanded  by  Mr  Humphreys, 

The  affirmative  voters  are, 

Messrs  President  (Carter,)  Allen,  Armstrong,  Bradshaw,  Blount, 
Cannon,  Childress,  Cheatham,  Cross,  Fulton,  Garrett,Gillespy,  Gray, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kim- 
brough,  Ledbetter,  Loving,  M'Clellan,  Robert  J.  M'Kinney,  John  A. 
M'Kinney,  M'Gaughey,  Montgomery,  Marr,  Neal,  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Senter,  Smith,  Smartt,  Sharp, 
Ury,  Whitson,  Walton  and  Webster — 44. 

The  negative  voters  are, 

Messrs  Burton,  Cahal,  Cobbs,  Douglass,  Fogg,  Gordon,  Kincaid, 
Stephenson,  Scott,  White  and  Weakley— 11. 

And  so  the  Convention  rejected  said  testimony. 

And  then  the  Convention  adjourned. 

SATURDAY,  JULY  12, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr  CAHAL  piesented  the  following  reasons  which  influenced  him  to 
vote  against  the  motion  made  on  yesterday  by  Mr  Humphreys,  to  re- 
ject the  testimony  of  Gerrard  Billington,  in  the  contested  election 
between  Adam  R.  Alexander  and  Edward  Ward  ;  which  he  read  in  his 
place,  and  moved  that  the  same  be  spread  upon  the  Journal  of  the 
Convention  ;  which  motion  prevailed,  and  which  reasons  are  in  the 
following  words,  to  wit  : 

"In  the  case  of  the  contested  election  between  Adam  R.  Alexander 
and  Edward  Ward,  I  voted  against  the  motion  made  by  Mr  Humphreys 
to  exclude  the  certificate  of  Gerrard  Billington,  because  I  considered, 
that  under  the  agreements  made  by  the  returned  member  Adam  R. 
Alexander,  and  the  memorialist  Col.  Ward,  this  certificate  and  all 
others  of  a  similar  character,  taken  in  pursuance  of  such  agreement, 
were  admissable  and  competent  evidence,  to  establish  the  facts  which 
they  purport  to  prove,  according  to  the  well  settled  and  known  prin- 
ciples of  the  common  law.  I  believed  that  it  was  competent  for  the 
contesting  parties  to  make  an  agreement,  that  they  would  mutually  dis- 
pense with  the  ordinary  rules  and  forms  of  taking  testimony,  and  that 
any  such  contract  would  be  as  obligatory  en  them  in  this  cnse,  as 
one  made  in  relation  to  any  matter  of  litigation  about  a  private 
right,  and  that  the  Convention  was  as  much  bound  to  sanction  any  such 
contract,  as  an  ordinary  court  of  judicature  would  be  to  admit  informal 
testimony,  where  the  litigant  parties  had  agreed  to  waive  all  excep- 
tions. And  although  the  Convention  had  adopted  a  resolution  on  the 
10th  instant  to  'receive  no  testimony,  except  that  of  a  purely  legal  cha- 
racter, any  agreement  of  the  parties  to  the  contrary  notwithstanding,' 


136 

I  did  not  believe  myself,  when  sitting  as  a  judge,  bound  by  it.  I  vot- 
ed against  thi*  resolution,  but  still,  had  it  been  adopted  prior  to  the 
agreements  made  between  Col.  Alexander  and  Col.  Ward,  and  ante- 
rior to  the  accrual  of  their  rights  in  the  testimony  which  they  had 
taken  under  it,  on  the  principle  that  the  minority  ought  to  submit  to  the 
majority,  I  should  have  regarded  it  as  obligatory  on  me,  and  should 
have  regulated  my  vote  by  it.  But  adopted  as  it  was  during  the  pen- 
dency of  the  trial,  I  considered  it  retrospective  in  its  operation  and 
calculated  to  deprive  the  parties  of  vested  rights,  and  therefore  abso- 
lutely void.  I  viewed  it  in  the  same  light  that  I  would  an  unconstitu- 
tional law,  passed  by  a  legislature,  to  deprive  a  man  of  his  vested  rights 
pending  a  trial  in  a  court  of  justice  ;  which  I  know  every  judge  in  the 
country  would  be  bound  to  disregard.  I  believed  that  the  Convention 
in  the  trial  of  the  contest  between  these  gentlemen,  was  bound  to  ob- 
serve the  same  rules  of  law  and  evidence  that  would  govern  an  ordi- 
nary court,  in  a  trial  about  any  matter  of  private  property  between 
individuals.  I  knew  that  a  court  would  be  bound  to  receive  any  testi- 
mony where  the  litigant  parties  had  agreed  to  waive  exceptions  on  ac- 
count of  informality,  and  that  such  court  would  be  bound  to  disregard 
a  legislative  act,  commanding  it  to  reject  such  testimony.  Regarding 
the  Convention  as  bound  by  the  established  rules  of  law,  on  the  trial 
of  this  contest,  I  believed  it  not  only  to  be  my  right  as  one  of  the  judges, 
but  my  duty  to  myself,  the  memorialist  and  the  precedent  about  to  be 
set  for  my  country,  to  give  a  vote  directly  contravening  the  resolution 
adopted  on  the  10th  instant,  which  I  regard  as  absolutely  null  and  void. 

"TERRY  H.  CAHAL." 

On  motion  of  Mr  HUNTSMAN,  his  resolution  made  on  yesterday,  on 
the  subject  of  contested  elections,  was  referred  to  the  Committee  of 
the  whole. 

Mr  FOGG  presented  the  following  reasons,  which  influenced  him  to 
vote  against  the  motion  made  on  yesterday,  by  Mr  Humphreys,  to  re- 
ject the  testimony  of  Gerrard  Billington  in  the  contested  election  be- 
tween Adam  R.  Alexander  and  Edward  Ward,  which  he  read  in  his 
place,  and  moved  that  the  same  be  spread  upon  the  Journal  of  the 
Convention  ;  which  motion  prevailed,  and  which  reasons  are  in  the 
following  words,  to  wit : 

t;For  the  reasons  stated  in  the  report  of  the  Committee,  which  was 
entered  on  the  journals  of  the  third  instant,  my  opinion  is,  that  the 
testimony  offered  is  legal  and  admissible,  according  to  the  rules  of  ev- 
idence, by  virtue  of  the  agreement  of  the  parties,  which  agreement 
cannot  be  dissolved  but  by  the  consent  of  both.  These  rules  of  evi- 
dence are,  as  it  appears  to  me,  the  same  in  a  deliberative  assembly  when 
acting  as  judges  of  a  contested  election,  as  in  a  court  of  common  law. 
I  do  not  dispute  the  power  of  this  Convention  to  alter  the  laws  of  evi- 
dence, by  a  general  rale  having  a  prospective  operation,  but  I  do  not 
think  that  the  resolution  adopted  on  the  9th  instant  effects  that  altera- 
tion, and  is  therefore  binding  upon  my  judgment  and  conscience  as  the 


137 

law  of  the  land.  It  is  an  indication  of  the  will  and  opinion  of  a  majority 
of  the  members  of  the  Convention,  that,  owing  to  the  disagreement 
between  the  memorialist  and  the  sitting  member  expressed  on  the  floor 
of  this  House,  they  will  adopt  a  rule  that  no  other  testimony  will  be 
received,  'except  that  of  a  purely  legal  character,  any  supposed  agree- 
ment between  the  parties  to  the  contrary  notwithstanding.'  This  is 
an  indication  to  the  contending  parties,  as  to  the  course  to  be  pursued 
by  the  members  of  the  Convention  when  acting  in  their  judicial  capa- 
city, in  order  to  inform  the  parties,  that  they  might  apply  to  the  Con- 
vention, (if  they  thought  proper, )  for  an  order  to  take  depositions  or 
to  compel  the  attendance  of  witnesses.  Now  the  trial  has  commenc- 
ed, the  case  and  evidence  is  taken  up  before  us,  and  we  have  to  de- 
cide as  judges  upon  the  admissibility  of  testimony.  The  question  is 
presented  to  us  individually  to  express  our  opinions,  and  upon  this 
vote,  giving  my  opinion  of  the  law  as  a  judge  and  believing  the  testi- 
mony admissible,  I  shall  so  declare.  The  decision  of  the  majority  of 
this  Convention  now  judicially  to  be  pronounced  will  be  binding  upon 
me,  and  if  they  decide  that  the  evidence  is  inadmissible,  I  shall  acqui- 
esce and  of  course  vote  to  reject  all  evidence  of  a  similar  character. 
My  situation  hereafter  will  be  like  that  of  a  minority  of  a  court  sub- 
mitting to  a  decision  of  a  majority  of  their  brethren. 

"My  motive  for  wishing  my  reasons  to  appear  on  the  journal  is  for 
the  purpose  of  showing,  that  my  vote  or  opinion  is  not  given  in  obstinate 
opposition  to  a  resolution  expressing  the  will  of  a  majority  of  this  house, 
but  because  I  believe  that  no  resolution  has  been  adopted  which  is  obli- 
gatory upon  me  in  giving  a  judicial  opinion,  which  is  now  required.  I 
believe  my  duty  requires  me  to  give  my  own  judgment  upon  the  law 
and  rules  of  evidence. 

"FRANCIS  B.  FOGG." 

On  motion  of  Mr  KIMBROUGH,  the  Convention  again  resumed  the 
consideration  of  the  contested  election  between  Adam  R.  Alexander 
and  Edward  Ward. 

The  certificate  of  Thomas  M'Clellan  was  then  read.     Whereupon 

Mr.  KIMBROUGH  moved  to  reject  said  certificate,  on  the  ground  of 
its  informal  and  illegal  character  ;  and  the  question  being  had,  "will 
the  Convention  reject  said  testimony,"  it  was  determined  in  the  af- 
firmative. 

Thereupon  Col.  Ward  rose  and  informed  the  Convention,  that  he 
would  withdraw  his  claims  for  a  seat  in  this  body. 

On  motion  of  Mr  KING  AID,  it  was 

Ordered,  That  Col.  Ward  have  leave  to  withdraw  the  certificates 
presented  by  him  to  the  Convention  in  said  contested  election. 

Mr  SCOTT  presented  the  following  reasons,  which  influenced  him  to 
vote  for  the  reception  of  the  certificate  of  Gerrard  Billington,  and 
against  the  motion  made  by  Mr  Humphreys  on  yesterday;  and  on  his 
motion  it  was  ordered  to  be  spread  upon  the  Journal  of  the  Conven- 
tion, and  is  in  the  following  words,  to  wit : 


138 

"The  undersigned,   having  voted  for  the  reception  of  a  certificate 
signed  by  Gerrard  Billington,  a  citizen  of  Shelby  county,  as  compe- 
tent testimony  in  the  contest  for  a  seat  in  this  Convention,  states  the 
following  as  a  part  of  the  reasons  which  influenced  him  in  voting  for 
the  said  certificate  as  competent   evidence.     That  the  memorialist 
Edward  Ward,  who  made  claim  to  the  seat,  having  received  a  plurality 
of  votes  given  in  Shelby  county,  at  the  election  for  a  member  of  the 
Convention,  as  he  alleged  in  a  memorial  to  this  Convention,  was  ipso 
facto  a  party.      And  that  the  said  Ed.  Ward  and  Adam  R.  Alexander, 
the  other  party, who  had  the  Sheriffs  certificate  of  election  and  who  was 
prima facie  the  member  elect,  entered  into  an  agreement  to  dispense 
with  the  legal  formalities.     And  the  said  Ward  and  Alexander,  being 
the  only  parties,  were  competent  to  make  an  agreement  for  the  more 
easy  ascertainment  of  truth,  and  that  they  could  make  an  agreement 
how  it  shall  be  ascertained  whether  the  voter,  alleged  to  have  been 
an  illegal  voter  was  or  was  not  qualified  ;  but  that  they    could  not 
agree    that  a  legal  vote  should  be  excluded,   or  that  an  illegal  vote 
should  be  received  ;  and  from  a  fair  construction  of  the  agreement,  I 
was  inclined  to  believe  that  the  certificate  was  made  legal  testimony; 
and  that  if  it  were  admitted  that  the  certificate  was  made  by  Billington; 
it  is  not  necessary  that  the  said  statement  should  have  been  on  oath, 
as  I  believe  that  it  is  a  principle  of  law,  that  if  a  person  who  is  pre- 
sumed to  be  peculiarly  cognizant  of  a  fact,  makes  a  statement  of  a  fact 
against  his  own  interest,  such  statement,  if  the  facts  were  relevant  to 
the  issue,  is  evidence  between  third  persons;  for  he  thereby  subjected 
himself  to  a  legal  liability,  as  he  stated  that  he  had  voted  without  a 
qualification,  and  the  agreement  between  the  parties  cannot  but  be  an 
admission  that  such  was  his  statement  as  the  certificate  sets  forth.     I 
believe  that  the  Convention  could  not  adopt  a  resolution  so  as  to  ex- 
clude said  agreement  from  the  consideration  of  the  members  of  this 
Convention  and  hence  voted  for  the  admissibility  of  the  certificate,  as 
having  been  made  legal  by  the  agreement  of  the  parties,  according  to 
the  construction  which  had  been  given  to  said  agreeement. 

"JAMES  SCOTT." 

Mr  HUNTSMAN  moved  an  adjournment  until  Monday  morning,  the 
the  usual  hour;  and  the  question  thereon  being  had  "will  the  Conven- 
tion adjourn,"  it  was  determined  in  the  affirmative;  ayes  31,  noes  24. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Alexander, Burton,  Blount,  Childress, 
Cahal,  Cobbs,  Cheatham,  Douglass,  Fulton,  Garrett,  Gillespy,  Hill, 
Huntsman,  Humphreys,  Hess7  Kincaid,  Kimbrough,  Loving,  M'Clel- 
lan,  John  A.  M'Kinney,  Montgomery,  Many  Porter,  Purdy,  Ridley, 
Scott,  Ury,  Whitson,  Walton  and  Webster— 31. 

The  negative  voters  are, 

Messrs  Allen,  Bradshaw,  Cannon,  Cross,  Fogg,  Gray,  Gordon, 
Hodges,  Kelly,  Kendall,  Ledbetter,  Robert  J.  M'Kinney,  Mabry, 


139 

M'Gaughey,  Neal,  Nelson,  Roadman,  Richardson,  Robertson,  Stephen- 
son,  Smith,  Smartt,  Sharp  and  Weakley — 24. 

And  so  the  Convention  adjourned  until  Monday  morning  at  8 
o'clock. 

MONDAY,  JULY  14, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  KIMBROUGH  of  the  Baptist  Church. 

Mr.  HUNTSMAN  submitted  the  following : 

Resolved,  That  the  Constitution  be  so  amended,  that  the  Legisla- 
ture may  pass  laws  disqualifying  any  person  or  persons  from  holding 
any  office  under  the  laws  or  Constitution  of  this  State,  who  may  fight 
a  duel,  send  or  accept  a  challenge  to  fight  a  duel,  or  who  shall  be  the 
bearer  of  such  challenge,  or  who  may  be  aiders  or  abetters  therein. 

Mr  M'GAUGHEY  the  following: 

1st.  Resolved,  That  the  12th  section  of  the  5th  article  of  the  Con- 
stitution be  so  amended,  as  to  read  as  follows: 

There  shall  be  justices  of  peace  appointed  for  each  county,  not  ex- 
ceeding two  for  each  captain's  company,  except  for  companies  within 
the  bounds  of  incorporated  and  county  towns,  which  shall  not  exceed 
three,  who  shall  be  elected  by  the  qualified  voters  within  their  respec- 
tive companies  in  such  manner  as  may  be  prescribed  by  law,  to  hold 
their  offices  for  two  years ;  but  in  the  mean  time,  the  removal  of  a  jus- 
tice of  the  peace  out  of  the  bounds  of  the  company  for  which  he  shall 
have  been  elected,  shall  vacate  his  office. 

2nd.  Resolved,  That  there  shall  be  elected,  by  the  qualified  voters 
of  each  county  in  the  State,  one  sheriff,  one  trustee,  and  one  register, 
who  shall  hold  their  respective  offices  for  the  term  of  two  years,  and 
shall  be  eligible  to  a  re-election.  There  shall  be  elected,  by  the  qual- 
ified voters  of  each  captain's  company  in  this  State,  one  constable, 
and  also  one  for  each  county  town,  who  shall  hold  their  office  for  the 
term  of  two  years,  and  shall  be  eligible  to  a  reelection. 

On  motion  of  Mr  NELSON  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  existing 
Constitution  and  the  various  amendments  thereto  proposed;  and  after 
some  time  spent  in  the  consideration  thereof,  the  committee  rose, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 

[A  resolution  in  relation  to  the  payment  of  the  public  printers  was 
adopted  and  here  inserted ;  but  on  the  next  day  was  erased  and  anoth- 
er adopted  in  its  stead.] 

On  motion  of  Mr  STEPHENTSON  the  Convention  again  resolved  itself 
into  Committee  of  the  Whole,  Mr.  Cannon  in  the  Chair,  upon  the  ex- 
isting Constitution  and  the  various  amendments  thereto  proposed;  and 
after  some  time  spent  in  the  consideration  thereof,  the  Committee 
rose,  reported  progress,  asked  and  obtained  leave  to  sit  again. 

And  then  the  Convention  adjourned. 


140 


TUESDAY,  JULY  15,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian 
church. 

On  motion  of  Mr  HUNTSMAN,  it  was  ordered  that  the  resolution 
submitted  by  him  on  yesterday,  be  referred  to  the  Committee  of  the 
Whole. 

Mr  KIMBROUGH  submitted  the  following: 

Resolved,  That  the  resolution  adopted  on  yesterday,  on  the  motion 
of  Mr  Kimbrough,  in  relation  to  the  payment  of  the  public  printers, 
be  erased  from  the  journals;  and  that,  for  the  reasons  therein  stated 
and  now  before  the  Convention,  the  President  and  Secretary  are  here- 
by authorized  to  draw  a  warrant,  not  exceeding  two  thousand  dollars 
in  favor  of  Laughlin  and  Henderson,  as  public  printers,  payable  sixty 
days  after  date,  by  the  Treasurer  of  Middle  Tennessee;  who  is  hereby 
authorized  to  cash  the  same,  taking  the  receipt  of  said  printers,  and 
deducting  the  interest  on  the  same  for  said  sixty  days :  and  said  war- 
rant when  so  cashed  and  receipted,  shall  be  a  good  voucher  in  the 
hands  of  said  Treasurer  in  the  settlement  of  his  accounts. 

On  motion  of  Mr  LEDBETTER,  the  rule  requiring  resolutions  to  lie 
one  day  on  the  table,  was  suspended,  and  said  resolution  adopted. 

Mr  LEDBETTER  submitted  the  following : 

Resolved,  That  there  shall  be  appointed  by  the  General  Assembly, 
an  auditor  of  public  accounts  for  the  State,  who  shall  perform  such  du- 
ties as  may  be  required  of  him  by  law,  and  shall  hold  his  office  for 
years. 

Mr  LEDBETTER  moved  a  suspension  of  the  rule,  requiring  resolu- 
tions to  lie  one  day  on  the  table,  which  motion  prevailed;  and,  on  his 
further  motion,  said  resolution  was  referred  to  the  Committee  of  the 
Whole. 

On  motion  of  Mr  M'CLELLAN,  it  was 

Ordered,  That  the  resolutions  of  Mr  M'GAUGHEY  made  on  yester- 
day, on  the  subject  of  the  election  of  county  officers,  be  referred  to  the 
Committee  of  the  Whole. 

On  motion  of  Mr  GARRETT,  it  was 

Ordered,  That  his  resolutions  of  the  29th  June,  on  the  subject  of 
incorporations,  be  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr  LEDBETTER,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  on  the  exist- 
ing Constitution  and  the  various  amendments  thereto  proposed;  and 
after  some  time  spent  in  the  consideration  thereof,  the  committee  rose, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 

Mr  M'GAUGHEY  submitted  the  following: 

Resolved,  That  so  much  of  the  twentieth  rule  be  rescinded,  as  pre- 
vents the  previous  question  from  being  put  in  the  Committee  of  the 
Whole. 

And  then  the  Convention  adjourned. 


141 


WEDNESDAY,  JULY  16,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  GARRETT  of  the  Methodist  Episcopal 
Church. 

On  motion  of  Mr  WALTON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  the  ex- 
isting Constitution  and  the  various  amendments  thereto  proposed;  and 
after  some  time  spent  in  consideration  thereof,  the  committee  rose, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 

Mr  WEBSTER  submitted  the  following: 

Resolved,  That  the  judges  of  the  circuit  court  shall  be  elected  for 
the  term  of  eight  years,  and  shall  be  classed  in  four  classes  by  the  le- 
gislature, so  that  one  class  shall  go  out  of  office  at  the  end  of  two  years, 
one  at  the  end  of  four  years,  one  at  the  end  of  six  years,  and  one  at 
the  end  of  eight  years;  all  of  whom  shall  be  re-eligible  to  office. 

Mr  WEBSTER  moved  a  suspension  of  the  rule  requiring  resolutions 
to  lie  one  day  one  the  table;  which  motion  prevailed;  whereupon, 

Mr  WEBSTER  moved,  that  said  resolution  be  referred  to  the  Com- 
mittee of  the  Whole;  which  motion  also  prevailed,  and  the  reference 
accordingly  was  ordered. 

Mr  M'GAUGHEY  moved  that  the  Convention  resolve  itself  into  Com- 
mittee of  the  Whole,  for  the  further  consideration  of  the  existing  Con- 
stitution, and  the  various  amendments  thereto  proposed  ;  which  motion 
was  rejected. 

Mr  GARRETT  then  moved  to  take  up  the  report  of  the  9th  inst.,  made 
by  Mr  John  A.  M'Kinney  from  the  committee  on  the  subject  of  eman- 
cipation, which  motion  prevailed. 

Mr  WEAKLEY  moved  that  said  report  be  read,  but 

On  motion  of  Mr  GARRETT,  the  Convention  agreed  to  dispense 
with  the  reading  of  said  report. 

Mr  WEBSTER  asked  to  be  excused  from  voting  on  the  question  of 
concurrence  with  said  report,  which  leave  was  granted. 

The  question  was  then  had  "will  the  Convention  concur  in  said  re- 
port," and  was  determined  in  the  affirmative;  ayes  47,  noes  9. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

Those  who  voted  in  the  affirmative  are, 

Messrs  President  (Carter),  Allen,  Armstrong,  Alexander,  Burton, 
Blount,  Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Douglass,  Ful- 
ton, Fogg,  Garrett,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kendall,  Ledbetter,  Loving,  M'Clellan,  John  A. 
M'Kinney,  Montgomery,  Marr,  Nelson,  Porter,  Purdy,  Roadman, 
Richardson,  Ridley,  Robertson,  Senter,  Smith,  Smartt,  Sharp,  Scott, 
Ury,  Whitson,  Walton,  White  and  Weaklej  -47. 

Those  who  voted  in  the  negative  are, 

Messrs  Bradshaw,  Gillespy,  Kincaid,  Kimbrough,  Robert  J.  M'Kin- 
ney, Mabry,  M'Gaughey,  IVeal  and  Stephenson — 9. 


142 

And  so  said  report  was  concurred  in. 
And  then  the  Convention  adjourned. 

THURSDAY,  JULY  17,  1834. 

The  Convention  met  according  to  adjournment  and  was  opened  with 
prayer,  by  the  Rev.  Mr  PITTS  of  the  Methodist  Episcopal  Church. 

Mr  GARRETT  moved  that  General  Edmund  P.  Gaines,  of  the  Uni- 
ted States  Army,  be  invited  to  a  seat  within  the  bar  of  the  Convention; 
which  was  accordingly  done. 

On  motion  of  Mr  KIMBROUGH,  the  Convention  again  resolved  if  self 
into  Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  upon  the  exist- 
ing Constitution  and  the  various  amendments  thereto  proposed;  and 
after  some  time  spent  in  the  consideration  thereof,  the  committee  rose, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 

And  then  the  Convention  adjourned. 

FRIDAY,  JULY  18,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  PITTS  of  the  Methodist  Episcopal  Church. 

On  motion  of  Mr  NELSON,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cannon  in  the  chair,  on  the  existing 
Constitution  and  the  various  amendments  thereto  proposed ;  and  after 
some  time  spent  in  the  consideration  thereof,  the  committee  rose,  re- 
ported progress,  asked  and  obtained  leave  to  sit  again. 

On  motion  of  Mr  ALEXANDER,  it  was 

Ordered,  That  General  Samuel  Houston,  formerly  Governor  of  this 
State,  be  invited  to  a  seat  within  the  bar  of  the  Convention. 

Mr  PURDY,  from  the  select  committee  to  whom  the  subject  of  lay- 
ing off  the  counties  of  this  State  into  townships  had  been  referred, 
submitted  the  following 

REPORT. 

The  committee  to  whom  was  referred  the  following  resolution,  viz : 
"Resolved,  That  a  select  committee  be  appointed  to  take  into  consid- 
eration the  expediency  of  so  amending  the  present  Constitution,  that 
the  different  counties  in  this  State  be  laid  off  into  districts  or 
townships,  so  that  there  shall  not  be  more  than  twelve  districts  in  each 
county  which  shall  be  laid  off  according  to  law ;  and  also,  the  expedi- 
ency of  so  amending  the  twelfth  section  of  the  fifth  article  of  the  exist- 
ing Constitution,  that  there  shall  be  two  justices  of  the  peace  elected 
for  each  township  by  the  qualified  voters  in  each,  who  shall  be  commis- 
sioned by  the  Governor,  and  shall  hold  their  offices  for  the  term  of  five 
years,  whose  jurisdiction  and  duties  shall  be  regulated  by  law." 

Beg  leave  to  report,  that  they  are  of  opinion  that  the  civil  divisions 
of  counties  as  regulated  by  captain's  companies  are  improper;  the  dis- 


143 

tricts  thereby  established  are  frequently  too  small,  inconvenient  and 
unstable.  Under  the  present  arrangement  they  are  subject  to  be  di- 
vided, or  the  lines  of  such  divisions  or  districts  altere4  to  suit  the 
whim  and  caprice  of  the  military  officers  in  whose  bounds  such  compa- 
ny may  be  situated,  which  power  is  not  unfrequently  exercised  to 
subserve  the  worst  of  purposes,  by  laying  off  new  companies  or  alter- 
ing the  lines  of  old  ones;  not  that  the  public  good  requires  it,  but 
for  the  purpose  of  electing  justices  of  the  peace,  so  as  to  enable  such 
officer  and  his  friends  to  control  the  appointment  of  sheriffs  and  other 
county  officers;  the  levying  of  taxes  and  the  disbursement  of  public 
moneys,  &c;  by  which  abuse  of  power  the  interest  and  wish  of  a  large 
majority  of  the  people  may  be  entirely  disregarded,  and  there  is  no- 
thing attained  but  the  gratification  of  party  spleen  or  private  resent- 
ment. 

How  the  custom  of  blending  the  civil  and  military  divisions  of  our 
government  originated,  in  effect  making  the  former  in  some  degree 
dependent  on  the  latter,  the  committee  are  at  a  loss  to  know,  and  can 
only  account  for  it  from  the  situation  in  which  our  country  was  placed 
in  its  early  settlement,  when  its  preservation  and  welfare  required 
that  military  districts  should  be  established,  before  it  was  convenient 
to  arrange  the  civil  divisions.  But  fortunately  for  us,  these  times  of 
peril  have  passed  away;  and  the  committee  think  it  is  now  a  fit  time 
to  organize  our  government,  on  different  principles,  more  consonant 
with  the  true  spirit  of  our  republican  institutions  ;  that  the  military 
should  be  separate  and  in  strict  subordination  to  the  civil  power. 

Therefore  the  committee  are  of  opinion,  that  the  civil  departments 
ought  to  be  established  with  care,  having  a  strict  regard  to  their  con- 
venience and  permanency;  not  subject  to  change  for  trivial  causes;  and 
that  the  military  has  no  connection  with,  and  ought  to  be  entirely  sep- 
arate from  the  civil  divisions  of  our  government. 

With  regard  to  the  election  and  jurisdiction  of  justices  of  the  peace, 
the  committee  agree  to  a  considerable  extent  with  Mr  Jefferson,  whose 
sentiments  on  this  subject  we  take  the  liberty  of  quoting.  He  says: 
"Divide  the  counties  into  wards  of  such  size  as  that  every  citizen  can 
attend  when  called  on  and  act  in  person ;  ascribe  to  them  the  govern- 
ment of  their  wards  in  all  things  relating  to  themselves  exclusively;  a 
justice  chosen  by  themselves  in  each,  a  constable,  a  military  compa- 
ny, a  patrol,  a  school,  the  delivery  within  their  own  wards  of  their 
own  votes,  for  all  elective  officers  of  higher  sphere,  will  relieve  the 
county  administration  of  nearly  all  its  business,  will  have  it  better 
done,  and,  by  making  every  citizen  an  acting  member  of  the  govern- 
ment, and  in  the  offices  nearest  and  most  interesting  to  him,  will  attach 
him  by  his  strongest  feelings  to  the  independence  of  his  country  and 
its  republican  institutions."  The  justices  chosen  by  the  qualified  vo- 
ters in  the  several  townships,  the  Legislature,  if  it  is  thought  expedi- 
ent, may  organize  into  a  court  to  do  the  judiciary  business  of  the  coun- 
ty, direct  roads,  levy  taxes,  and  administer  all  matters  of  common  in- 
terest. But  the  committee  are  of  opinion  that  the  county  court  as  at 


144 

present  organized,  is  entirely  defective.  Whether  a  proper  system 
of  courts,  to  be  held  by  magistrates,  can  ever  be  attained,  the  com- 
mittee very  much  question.  Responsibility  in  public  officers  is  the 
greatest  safeguard  to  our  rights;  and  who  will  for  one  moment  believe, 
that  there  is  the  least  responsibility  in  a  county  court,  consisting,  as  it 
frequently  does,  of  from  fifty  to  one  hundred  members;  what  one  will 
ever  hold  himself  accountable  for  its  acts,  when  he  had  so  small  a  share 
in  controlling  its  proceedings?  Yet  the  business  transacted  in  this 
court  is  of  the  utmost  importance:  here  the  rights  of  the  widow  and 
the  orphan  has  to  be  adjudicated;  here  the  taxing  power  and  the  dis- 
bursing of  our  public  money  is  placed.  The  committee  think  it  un- 
necessary for  them  at  present,  further  to  point  out  the  defects  in  the 
organization  of  so  important  a  tribunal.  Suffice  it  to  say,  that  no  in- 
stitution should  be  established  to  transact  public  business  without  be- 
ing made  in  some  degree  responsible  for  its  acts.  Yet  the  committee 
would  not  be  understood  as  recommending  a  constitutional  prohibition 
of  a  magistrate's  court;  on  the  contrary,  they  recommend  that  the  Le- 
gislature shall  be  left  entirely  free  to  act  on  that  subject  as  the  necessi- 
ty and  interest  of  the  country  may  require. 

The  committee  think  it  will  not  be  entirely  irrelevant  to  the  subject 
to  suggest  that  an  orphan's  court  and  court  of  probate  over  which  a 
judge  elected  by  the  people  shall  preside;  let  there  be  commissioners 
of  roads  and  revenue  established  under  such  rules  and  regulations  as 
the  Legislature  may  prescribe,  and  made  immediately  responsible  to 
the  people  for  their  acts;  would*  at  least  relieve  the  county  court  of 
much  of  its  business,  and  we  do  not  hesitate  to  say  that  it  will  be  bet- 
ter done.  But  the  last  remarks  more  properly  belong  to  the  action  of 
a  future  Legislature,  and  we  forbear  to  make  further  comment,  by  re- 
commending the  following  amendments  to  the  Constitution;  to  wit: 

That  the  different  counties  in  this  State  shall  be  laid  off  into  town- 
ships or  districts  of  convenient  size,  so  that  the  whole  number  of  dis- 
tricts in  each  county  shall  not  be  less  than  ten  nor  more  than  twenty, 
which  shall  be  laid  off  as  the  Legislature  may  prescribe. 

That  the  12th  section  of  the  5th  article  of  the  existing  Constitution, 
be  so  amended  that  there  shall  be  two  justices  of  the  peace  elected, 
for  each  district,  by  the  qualified  voters  thereof,  who  shall  hold  their 
office  for  the  term  of  years,  whose  jurisdiction  and  duties  shall  be 
regulated  by  law. 

All  of  which  is  respectfully  submitted. 

JOHN  PURDY,  Chairman. 

On  motion  of  Mr  HUNTSMAN,  it  was 

Ordered,  That  said  report  be  referred  to  the  Committee  of  the 
Whole. 

And  then  the  Convention  adjourned. 


145 


SATURDAY,  JULY  19,  1834. 


The  Convention  met  aeccording  to  adjournment,  and  was  opened 
\ritn  prayer,  by  the  Rev.  fi'r  GARRETT  of  the  Methodist  Episcopal 
Church. 

The  morning  business  being  through : 

The  Convention  on  motion  of  Mr  JOHN  A.  M'!VINNEY,  again  re- 
solved itself  into  Committee  of  the  Whole,  Mr  Cannon  in  the  chair, 
on  the  existing  Constitution  and  the  various  amendments  thereto 
proposed;  and  after  some  time  spent  in  the  consideration  thereof,  the 
committee  rose,  reported  progress,  asked  and  obtained  leave  to  sit 
again. 

And  then  the  Convention  adjourned. 

MONDAY,  JULY  21,  1334. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr  STEPHEXSON  presented,  at  the  request  of  Mr  Greene  who  is  ab- 
sent on  account  of  indisposition,  a  memorial  signed  by  two  hundred 
find  ninety-six  citizens  on  the  subject  of  emancipation  ;  which  was 
read  and  ordered  to  the  table. 

Mr  ARMSTRONG  submitted  the  following : 

1st.  Resolve*!,  That  all  militia  officers  of  this  State  shall  be  elect- 
ed by  those  persons  who  are  subject  to  military  duty  within  their  re- 
spective companies,  battalions,  regiments,  brigades  or  divisions,  as  the 
case  may  be. 

2nd.  Resolved,  That  no  militia  or  cavalry  company  shall  consist  of 
less  than  sixty  nor  more  than  ninety,  rank  and  file,  and  that  no  regi- 
ment shall  consist  of  a  less  number  than  four  hundred  and  eighty,  in- 
cluding officers  and  soldiers,  except  in  counties  that  may  not  include 
that  number  subject  to  military  duty,  in  which  case  a  smaller  number 
shall  compose  a  regiment. 

3rd.  Resolved,  That  company  and  field  officers  of  the  cavalry  shall 
be  elected  by  the  troops  under  their  respective  commands;  and  when 
any  new  county  is  laid  oft  and  established,  the  field  officers  of  the  said 
cavalry  may  appoint  company  officers  therein,  pro  lem.  who  shall 
serve  until  the  company  is  filled  up  and  completed,  at  which  time  the 
/election  of  such  company  officers  shall  take  place  according  to  law. 

Mr  PURDY,  the  following : 

Resolved.  That  the  militia  in  this  State  shall  be  regulated  in  such 
manner  as  the  Legislature  shall  from  time  to  time  direct. 

Mr  BLOUNT,  the  following  : 

Resolved,  That  the  Legislature  be  authorised  to  make  provision  by 
law  to  prevent  free  negroes  and  mulattoes  from  coming  to  and  settling 
in  this  State,  under  any  pretext  whatsoever  ;  and  as  far  as  practicable, 

N 


146 

also  to  prevent  their  coming  to  this  State,  except  on  known  business 
of  a  laudable  and  interesting  kind,  which,  when  done  in  reasonable 
time  to  transact  such  business,  to  depart  from  the  State,  under  a  penal- 
ty for  disobedience  to  the  mandate  of  the  law. 

And  Mr  ROBERTSON,  the  following  : 

Resolved,  That  there  shall  be  only  one  major  to  each  regiment  of 
militia  in  this  State. 

And  the  rule  requiring  resolutions  to  lie  on  the  table  one  day  being 
suspended,  the  said  resolutions  were  severally  read  and  ordered  to  be 
referred  to  the  Committee  of  the  Whole. 

Mr  President  (CARTER)  thereupon  submitted  the  following  : 

Whereas  it  is  important  to  the  best  interests  of  the  People  of  Ten- 
nessee, that  an  ordinance  of  this  Convention  shall  exist,  appointing 
the  mode  of  hereafter  amending  the  Constitution  of  the  State  in  such 
parts  thereof  as  may  be  considered  defective,  without  touching  and 
endangering  the  whole  instrument.  It  is  therefore  declared  that  the 
General  Assembly,  whenever  two  third?  of  each  House  shall  deem  it 
necessary,  may  propose  amendments  to  this  Constitution  ;  which  pro- 
posed amendments  shall  be  duly  published  in  print,  at  least  three 
months  before  the  next  general  election  of  representatives,  for  the 
consideration  of  the  People,  and  it  shall  be  the  duty  of  the  several 
returning  officers,  at  the  next  general  election  which  shall  be  held  for 
representatives,  to  open  a  poll  for,  and  make  a  return  to  the  Secretary 
of  State  for  the  time  being,  of  the  names  of  all  those  voting  for  repre- 
sentatives, who  have  voted  on  such  proposed  amendments;  and  if  there- 
upon it  shall  appear  that  a  majority  of  all  the  citizens  of  this  State, 
voting  for  representatives,  have  voted  in  favor  of  such  proposed  a- 
mend'ments,  and  two-thirds  of  each  House  of  the  next  General  As- 
sembly shall,  after  such  an  election  and  before  another,  ratify  the 
same  amendments  by  ayes  and  noes,  they  shall  be  valid  to  all  intents 
and  purposes,  as  parts  of  this  Constitution.  Provided,  that  the  said 
proposed  amendments  shall,  at  each  of  the  said  sessions,  have  been 
read  three  times,  on  three  several  days,  in  each  House.  And  it  is 
further  declared,  that  should  the  new  Constitution  be  rejected  by  the 
voters  of  this  State,  that  this  ordinance  shall  be  and  remain  in  force, 
and  be  considered  and  attached  as  an  amendment  to  the  old  and  retain- 
ed Constitution,  by  means  of  which,  amendments  may  be  made  to  that 
instrument,  without  the  intervention  or  call  of  another  Convention. 

On  motion  of  Mr  CARTER,  the  foregoing  ordinance  was  ordered  to 
the  table  for  the  present. 

On  motion  of  Mr  NEAL,  the  resolution  heretofore  submitted  by  him, 
declaring  it  inexpedient  for  the  Legislature  of  this  State  to  charter 
any  bank,  without  making  the  individual  property  of  the  stockholders 
liable  for  the  redemption  of  the  notes  issued  by  such  bank,  was  taken 
uo  read  and  referred  to  the  Committee  of  the  Whole. 

1  Mr  SHARP'S  resolution  of  the  19th  June,  making  it  fhe  duty  of  the 
county  courts  to  assess  the  toll  upon  all  bridges  established  by  the  Le- 
gislature, was,  on  his  motion  referred  to  the  commiftee  on  local  legis- 
lation. 


147 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole, 
Mr  Cannon  in  the  Chair,  upon  the  existing  Constitution  and  the  several 
amendments  proposed  thereto  ;  and  after  some  time  spent  in  the  con- 
sideration thereof,  the  committee  rose,  reported  progress,  asked  and 
obtained  leave  to  sit  again. 

Mr  STEPHEXSOX  submitted  the  following,  which  was  read  and  or- 
dered to  be  entered  upon  the  journals;  to  wit: 

The  undersigned,  in  discharge  of  a  duty  they  owe  not  only  to  them- 
selves but  to  their  country,  its  liberties  and  the  cause  of  humanity, 
take  leave  in  the  spirit  of  candor,  to  state  some  of  their  reasons  for 
voting  against  the  adoption  of  the  second  report  of  the  committee  to 
whom  was  referred  the  memorial  on  the  subject  of  slavery  :  and  here 
we  would  remark,  that  the  extraordinary  action  of  the  Convention, 
and  still  more  extraordinary  and  labored  report  of  the  committee,  to 
us  had  the  appearance  of  an  attempt  in  some  degree  to  affect  the 
standing  of  some  members  of  this  Convention ;  as  an  artful  advocate 
will  sometimes  attempt  to  dissipate  the  force  and  effect  of  testimony 
by  discrediting  the  testifier :  but  although  this  might  to  us,  appear  to 
be  its  object,  yet  we  cannot,  even  for  one  moment,  attribute  to  this 
Convention  the  most  remote  intention  of  effecting  such  a  purpose, 
notwithstanding  it  may  seem  to  wear  such  an  aspect ;  nevertheless,  in 
view  of  this  matter  and  its  progress,  together  with  the  little  impor- 
tance of  the  object  proposed  to  be  attained  and  its  ultimate  result, 
inclines  us  in  the  language  of  the  poet  to  say,  it  resembled  "ocean  into 
tempest  wrought  to  waft  a  feather  or  to  drown  a  fly."  How  far  the 
facts  stated  in  the  report  accord  with  the  statements  and  assumptions 
made  in  the  protest,  we  deem  it  unnecessary  to  say  much,  but  would 
however  ask  the  unprejudiced  reader  inquiring  after  truth,  to  take  up 
the  protest,  keeping  in  mind  that  it  was  hastily  written  by  plain  men, 
making  no  pretensions  to  erudition  or  criticism;  in  the  absence  of  the  me- 
morials gaining  all  the  information  in  relation  thereto  merely  from  hear- 
ing them  read  at  the  clerk's  table;  and  then  take  up,  and  contrast  with 
that,  the  able,  ingenious  and  labored  report  of  the  committee,  made  up 
of  the  most  able  and  talented  counsellors  of  the  bar,  composed  and 
penned,  with  all  the  caution  and  circumspection  of  a  special  pleader, 
with  the  evident  design  of  answering  and  demolishing  the  facts  and 
arguments  presented  in  the  protest,  with  the  advantage  tor  weeks  of 
all  the  papers  and  documents  relating  to  this  matter.  It  then,  under 
these  circumstances,  the  reader  is  not  surprised  to  find  the  protest  so 
well  sustained  by  the  facts  developed  in  the  supplemental  report,  we 
are  free  to  confess  their  conclusions  are  very  different  from  ours.  It 
is  however,  proper,  specifically  to  notice  some  of  the  exceptions  taken 
in  the  report  to  the  language  of  the  protest,  and  which  is  held  up  to  the 
world  as  examples  of  our  disregard  of  truth,  one  of  which  is  that  the 
memorials  were  from  almost  every  part  of  the  State.  Although  the 
undersigned  do  not  pretend  to  arrogate  to  themselves  perfection  in  any 
thing  they  do,  but,  with  the  immortal  Washington,  confess  that  to  "err 
is  human,"  and  that  in  this  instance  they  might  perhaps  have  used 


148 

more  appropriate  language;  yet  we  believe  the  language  is  just  about 
such  as  almost  every  other  person  would  be  likely  to  use  under  simi- 
lar circumstances.     We  therefore  ask  the  candid  reader  to  look  at  the 
facts  reported,  and  then  say  do  these  words  in  the  protest  contain  an 
unjustifiable  or  even  an  unusual  hyperbole  ;  nay,  will  they  not  see  in 
the  report  a  manifestation   of    that  spirit  that   would  "make  a  man 
an  offender  for  a  word."     Another  exception  taken,  is,  that  a  large 
portion  of  the  memorialists  were  slaveholders.     This  matter  both  "in 
the  protest  and  second  report  is  to  some  extent  conjectural.     The  un- 
dersigned however,  believe  the  protest  well  sustained  by  the  statement 
of   facts  in  the  report,  but  of  this  let  others  judge.     Another  excep- 
tion is  with  regard  to  the  language  used  in  the  protest,  respecting  the 
plans  proposed  by  the  memorials.     Here  let  the  protest  speak  its  own 
language;  to  wit :  "In  our  opinion  the  committee  have  mistaken  the 
object  of  the  memorialists,  when  they  say  that  their  plans  cannot  be 
carried  into  effect,  when  in  fact  they  do  not  so  far  pretend  to  dictate 
to  the  Convention  as  to  propose  a  plan,  except  that  some  of  them  say 
something  about  the  time,  and  hint  at  colonization."     The  undersign- 
ed believe  that  even  a  casuist  would  decide  that  the  facts  developed 
in  the  report  demonstrably  confirm  this  language.     The  undersigned 
would  here  take  leave  to  say,  that  notwithstanding  the  high  authority 
of  the  report,  they  yet  entertain  the  opinion  that  the  inference  drawn 
in  the  protest,  of  the  improbability  of  a  general  removal  of  slaves,  is 
fairly  deducible  from  the  premises  laid  down,  and  will  so  icmain  after 
amending  it  in  accordance  with  the  report  by  inserting  "one  hundred 
and  live  instead  of  a  "large  portion."     Suppose  some  of  the  memo- 
rialists do  hint  at  something  visionary;  is  that  a  reason  why,  (if  a  thing 
in  itself  is  right,)  it  should  not  be  done  at  all?     Surely  we  do  not  thus 
generally  reason  and  act,  with  respect  to  other  matters.     The  under- 
signed believe  that  the  founder  of  the  Christian  religion  and  the  writers 
of  the  holy  scriptures  need  no  aid  from  them  in  repelling  the  charge, 
that  they  gave  countenance  to  slavery  in  its  worst  form ;  or  in  other 
words,  did  not  denounce  it.     Yet  permit  us  fearlessly  to  say  that  the 
precepts  and  maxims  of  the  gospel,  when  carried  into  full  operation 
and  practice,  will  banish  slavery  from  the  face  of  the  earth. 

The  Committee  have  brought  to  notice  that  truly  great  and  good 
man,  the  apostle  Paul,  and  have  written  nearly  as  much  about  him,  as 
his  epistle  to  Philemon,  in  order  to  prove  his  example  and  counsel  was 
in  favor  of  slavery.  Such  an  unnatural  effort  to  press  into  service,  is, 
as  we  believe,  indicative  of  a  cause  hard  to  defend.  As  this  epistle 
to  Philemon  would  just  as  soon  prove  any  thing  else  as  slavery — hear 
Paul's  own  words  to  Philemon,  respecting  his  servant  Onesimus;  after 
telling  him  he  might  receive  him  forever,  he  adds  "not  now  as  a  ser- 
vant, but  above  a  servant,  a  brother  beloved."  We  would  then,  re- 
spectfully ask  in  the  spirit  of  soberness,  was  this  given  to  Philemon  as 
a  Christian,  a  right  to  receive  and  treat  Onesimus  worse  than  the  most 
abject  slave  amongst  us,  and  even  to  cut  his  throat  if  it  accorded  with 
his  whim,  and  thus  to  set  at  defiance  the  declared  law  of  the  eternal 


149 


God?  Permit  us  to  say,  that  we  strongly  incline  to  the  opinion,  that 
Philemon  did  not  so  understand  Paul.  Although  the  undersigned  do 
not,  any  more  than  the  Committee,  understand  the  precepts  of  the  gos- 
pel as  authorizing  a  man  to  take  his  neighbor  by  the  throat  and  com- 
pel him  by  physical  force  to  obey  them;  yet  they  do  understand  these 
precepts  to  make  it  the  duty  of  every  human  being,  both  by  example 
and  precept  in  a  prudent  manner,  to  oppose  and  discountenance  vice 
in  every  shape  and  form  :  and  so  we  find  EH  was  blamed  for  not  re- 
straining his  sons  although  they  were  officiating  priests  at  the  altar; 
and  this  accords  with  the  example  of  that  supereminent  man,  Paul  of 
Tarsus,  He  himself  informs  us,  that  he  himself  withstood  Peter  to 
the  face,  because  he  was  to  be  blamed.  Follow  this  great  man  to 
Athens.  It  is  written,  his  spirit  was  stirred  in  him  when  he  saw  the 
city  wholly  given  to  idolatry,  and  it  is  even  said  that  he  disputed  with 
some  of  the  people,  and  when  he  was  brought  before  the  court  of  Ar- 
eopagus, he  stood  boldly  in  the  midst  of  Mar's  Hill,  although  charged 
with  crimes  similar  to  those  for  which  the  unoffending  Socrates  was 
doomed  to  drink  the  fatal  hemlock  ;  and  said,  "ye  men  of  Athens,  I 
perceive  that  in  all  things  you  are  two  superstitious:"  Again,  behold 
this  meat  man  standing  in  chains  before  Felix,  the  Roman  governor, 
reasoning  of  righteousness,  temperance  and  judgment  to  come,  until 
Felix  trembled.  Whether  he  brought  to  notice  in  vivid  and  glowing 
colors,  the  vices  of  the  times,  and  amongst  others,  the  crimes  of  op- 
pression and  tyranny,  the  sacred  historian  has  not  detailed  ;  be  that  as 
it  may,  Felix  had  not  the  hardihood  to  say,  even  to  his  prisoner  in 
chains,  "Paul,  practice  these  precepts  yourself,  but  you  have  no  right 
to  take  me  by  the  throat  and  enjoin  them  on  me.  Therefore.  Mr  Paul, 
look  to  yourself,  and  let  me  alone."  No,  this  strength  of  nerve  seems 
to  have  been  reserved  for  more  modern  times.  To  say,  (as  is  viitu al- 
ly said  in  the  report)  that  those  persons  who  have  ventured  in  their 
memorials  or  otherwise  to  say  any  thing  about  a  limitation  of  the  time 
for  the  existence  of  slavery  in  this  State,  or  to  propose  colonization, 
were  either  not  in  their  sober  senses  or  had  not  taken  time  to  reflect, 
is  a  declaration  we  think,  in  its  character  rather  too  sweeping  and  il- 
liberal. In  order  to  show  the  disingenuous  manner  in  which  the  report 
has  noticed  the  proceedings  of  the  Convention,  we  will  contrast  the 
report  with  the  journal.  The  report  says:  "the  member  from  Wash- 
ington moved  to  have  them  (the  memorials)  referred  to  a  select  com- 
mittee of  thirteen  (one  from  each  Congressional  District)  with  instruc- 
tions to  that  committee  to  devise  a  plan  of  emancipation  in  conformity 
with  the  prayer  of  tha  memorialists."  Hear  the  journal  of  May  30th, 
1834.  uMr  Stephenson  submitted  the  following:  Resolved,  That  a 
cx>?nmittee  of  thirteen  (one  from  each  Congressional  district)  be  ap- 
pointed to  take  into  consideration  the  propriety  of  designating  some 
period  from  which  slavery  shall  not  be  tolerated  in  this  State;  and  that 
nil  memorials  on  that  subject  that  have  been  or  may  be  presented  to 
the  Convention,  be  referred  to  this  committee  to  consider  and  report 
thereon."  Now,  is  there  in  this  resolution  one  word  about  devising  a 


150 

plan  of  emancipation,  or  to  conform  to  the  prayer  of  the  memorialists, 
or  any  thing  like  instructions? 

It  is  said  in  the  suplimental  report,  that  Ihe  signers  of  the  protest 
do  not  show  that  the  principles  assumed  in  the  report  are  subversive 
of  the  principles  of  republicanism  ;  but  only  assert  them  to  be  so. 
AV  hether  it  is  or  is  not  shown  in  the  protest,  we  are  free  to  leave  to  the 
judgment  of  others;  and  will  pass  on  to  show,  that,  in  our  opinion, 
some  of  the  language  used  in  the  supplemental  report,  also  tends  to 
the  subversion  of  the  principles  of  republicanism;  for  example,  in  the 
report  we  read  the  following;  to  wit:  ''To  the  memorialists  who  repre- 
sent themselves  as  non  slaveholders,  they  (the  committee)  might 
have  said,  you  need  not  knock  at  the  door  of  the  Convention,  asking 
its  aid  in  a  matter  in  which  you  are  so  little  interested.  If  slavery  is 
an  evil,  you  are  not  oppressed  with  it,"  &c.  Clearly  assuming  the 
right  of  saying  to  the  people,  because  you  do  not  belong  to  a  certain 
class,  you  have  no  right  to  complain  of  any  evil  or  meddle  in  matters 
which,  we  judge,  do  not  affect  you,  therefore  leave  that  business  to 
those  whom  it  may  concern,  and  do  not  assume  rights  that  belongs  to 
others,  thus  denying  even  to  the  freemen  of  the  State,  the  right  of 
complaining  or  asking  relief  from  the  operation  of  evils  they  believe 
to  exist,  and  in  which  we  aver  they  have  a  deep  and  vital  interest, 
And  is  it  so,  that  such  language  is  to  be  found  in  the  report  of  a  com- 
mittee of  a  body  representing  the  sovereignty  of  the  State  of  Tennes- 
see ;  that  for  the  people  to  seek  redress  from  real  or  imaginary  evils 
by  respectful  memorials,  in  such  a  degree  of  impertinence  as  to  mer- 
it from  the  committee  a  modest  rebuke.  Has  not  this  a  little  squint- 
ing towards  gagging?  Tell  it  not  in  London,  publish  it  not  in  the 
streets  of  Madrid,  lest  the  monster  Tyranny  draw  his  arid  muscles  into 
a  malicious  smile. 

But  although  the  undersigned,  in  defence  of  their  country's  rights, 
feel  it  their  duty  thus  to  raise  their  testimony  against  such  principles, 
they  would  nevertheless  say,  in  the  spirit  of  that  charity  that  "hopeth 
ail  things,"  that  they  trust  and  believe  that  this  language  has  been  in- 
idvertantly  used  and  without  duly  reflecting  on  its  consequences, 
which  have  been  overlooked  under  the  influence  of  a  heated  zeal,  to 
support  as  we  believe,  a  bad  cause.  Self-respect,  respect  for  this  Con- 
vention and  the  people  we  have  the  honor  to  represent,  forbid  the  un- 
dersigned to  imitate  the  harsh  and  uncourteous  language  the  commit- 
tee have  thought  proper  to  use  in  part  of  their  report ;  the  cause  we 
advocate  needs  no  such  aid.  We  would,  however,  remark,  if  such  in- 
uendoes  and  insinuations  as  "proud  Pharasee,""  noisy  denunciations" 
&c.,  were  intended  for  the  protestors  or  the  protest,  they  do  not  fit: 
we,  therefore,  hand  them  back,  to  be  used  as  occasion  may  require;  for 
ourselves,  we  have  reason  to  lament  our  want  of  sanctity,  nor  do  we 
claim  the  right  of  censorship  so  as  to  impugn  the  conduct  or  motives  of 
our  fellow-men:  yet  we  do  claim,  and  hope  we  will  be  permitted  to 
exercise  the  right  and  privilege  of  giving  a  reason  for  our  belief,  and  to 
plead  for  and  defend  the  rights  of  man:  this  we  desire  to  do  fearless- 


151 

ly,  yet  in  the  spirit  of  meekness.     Believing  that  we,  with  all 
kind,  are  bound  at  all  times  and  in  all  places  ilto  do  justice,  to  love  mer- 
er, and  to  walk  humbly  before  Gcxl." 

MATTHEW  STEPHENSO^ 
RICHARD  BRADSHAW, 
JOHN  M'GAUGHEY. 

On  motion  of  Mr  ROADMAN,  the  Convention  again  resolved  itself  into 
Committee  of  the  Whole,  Mr  Cannon  in  the  Chair,  on  tib  existing, 
•Constitution  and  the  several  amendments  thereto  proposed>and  after 
some  time  spent  in  consideration  thereof,  the  committee  ros»  reported 
progress,  asked  and  obtained  leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 

TUESDAY,  JULY:  2$*  1834. 

The  Convention  met  according  to  adjournment,  araiBvvas  open&f  with  : 
prayer,  by    the    Rev.  Mr.  HESS  of  the  Cumberland  Presbyterian 
Church. 

The  morning  business  being  through,  the  Convention,  onv  motiofi  of 
Mr  SETTER,  again  resolved  itself  into  Committeeof  the  WhoL^,  Mr- 
Cannon  in  the  Chair,  on  the  existing  Constitution-tand  the  several 
amendments  proposed  thereto;  and  after  some  time  spoilt  in  the  con- 
sideration thereof,  the  commitiee  rose,  reported  progee*^  asked  and 
obtained  leave  to  sit  again. 

Mr  M'GAUGHEY  submitted  the  following  resolutions? 

1st  Resolved^  That  a  committee  of  members   be   appo«n.fe<I, 

to  whom  shall  be  referred  so  much  of  the  report  of  tlfe  Committee 
of  the  Whole  as  relates  to  the  legislative  branch  of  the  Constitution; 
for  the  purpose  of  embodying  and  putting  the  same  in  proper  farm. . 

2nd.  Resolved^  That  a  committee  of  be  appomted,vto  take  in- 

to consideration  so  much  of  the  report  of  the  Committee  ef  the  Whole 
as  relates  to  the  Executive  branch  of  the  Constitution;  for  the  purpose 
oi*  embodying  and  putting  the  same  in  proper  form. 

3rd.  Resolved^  That  a  committee  of  be  appointed,  to  whom 

shall  be  referred  so  much  of  the  report  of  the  Committee  of  the 
Whole,  as- relates  to  the  Judicial  branch  of  the  Constitution;  for  the 
purpose  of  embodying  and  putting  the  same  into  proper  form. 

4th.  Resolved^  That  a  committee  of  be  appointed,  to  whom 

shall  be  referred  so  much  of  the  report  of  the  Committee  of  the  Whole, 
as  relates-  to  all  other  subjects  embraced  in  the  report;  for  the  purpose 
of  embodying  and  putting  the  same  in  proper  form;  which,  committee 
shall  report  to  the  Convention  as  soon  as  practicable. 

And  thereupon  the  Convention  adjourned. 

WEDNESDAY,  JULY  23,  1834. 
The  Convention  met  according  to  adjournment,  and  was  opened 


152 

with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian 
Church. 

The  morning  business  being  through,  Mr  BLOUNT  submitted  the  fol- 
lowing preamble  and  resolutions : 

Whereas,  tlie  geographical  position  of  Tennessee,  in  reference  to 
the  other  SUtes  of  the  Union,  she  being  central,  and  whereby  she  is 
every  where,  separated  at  a  great  distance  from  the  national  frontier; 
a  situation /dfording  a  peculiarly  favorable  position  for  usefulness;  a 
position  wAich  gives  her  population  and   her  citizen-soldiers  the  en- 
viable cha/aeteristic  of  disposable  force — with  the  glorious  privilege 
of  being  Jennitted^  in  a  state  of  war,  to  fly  to  the  succour  of  whatev- 
er part  OE  the  national  frontier  may  become  the  theatre  of  war,  and 
to  co-operate  in  the  national  defence  with  whatever  sister  State  or 
Territory  may  be  assailed  by  an  invading  foe — thereby  demonstrating  to 
the  wor/d  the  hitherto  doubtful  political  problem,  that  freemen  know 
how  to  /tppraciate  equally  the  kindred  privileges  and  duties  of  "self 
government  andse//'(or  national)    defence" — privileges  and  duties 
equally  essential  to  the  efficient  maintenance  of  our  republican  insti- 
tutions, and  our  national  independence;  privileges  and  duties,  in  the 
vigorous  exercise  and  discharge  of  which,  we  may  contribute  to  prove 
to  a  hitherto  doubting,  and  a  future  admiring  world,  that  the  freest 
and   happiest  of  republics  may  be,  in  war,  the  most  powerful  and 
invulnerable  of  nations.     And  whereas,  steam  power,  applicable  to 
ships  and  other  vessels  of  war,  as  well  as  to  every  species  of  milita- 
ry carriage  or  vehicle  of  transportation  that  moves  on  land,  cannot  but 
tend  to  produce  a  re  volution  in  military  operations  and  military  science, 
whereby  nations  will  in  future  be  attacked  with  the  aid  of  steam,  and 
consequently  with  a  celerity  of  movement  which  must  subject  the 
assailed  nation  to  inevitable  destruction,  unless  she  also  employs  steam 
power,  and  in  her  measures  is,  in  d\[  vital  and  vulnerable  points,  pre- 
pared to  oppose  to  the  enemy's  rapid  approach,  disposable  force  and 
supplies  thrown,  with  increased  rapidity,  from  the  central  States  and 
districts  to  the  maritime  and  inland  frontier — and  whereas,  for  these 
objects  it  is  essential  to  the  purposes  of  the  national  defence,  that  the 
States,  in  their  separate  and  sovereign  capacity,  should  co-operate 
with  each  other  in  carrying  into  effect  a  principle  consecrated  by  the 
wisdom  of  Washington,  and  embraced  in  the  parental  admonition  found 
in  the  rich  legacy  which  he  has  left  us,  "in  peace,  prepare  for  war;" — 
and  whereas,  a  system  of  rail-roads,  extending  through  this  State, 
and  from  thence  to  such  parts  of  the  national  frontier  as  our  sister 
States  may  deem  proper,  would  not  only  provide  mainly  for  the  na- 
tional defence,  by  enabling  us  to  send,  in  the  space  of  four  days  time, 
any  part  of  our  disposable  force,  and  abundant  supplies,  to  any  part  of 
{he  maritime  frontier,  between  the  Chesapeake  Bay  and  the  river  Sa- 
bine;  but,  by  these  rail-roads,  we  should  contribute  to  relieve  the 
agriculture  and  commerce  of  our  State  of  a  large  portion  of  their  ex- 
pense of  transportation — give  to  every  citizen  of  the  State,  our  invalu- 
able, beloved  and  patriotic  State, the  ad  vantage  of  a  choice  of  the  best  and 


153 

all  desirable  markets,  at  a  trifling  expense,  for  whatever  redundant  pro- 
duce his  ingenuity,  enterprize,  means,  or  industry  may  enable  him  to 
furnish  for  market;  and  moreover,  afford  to  the  State,  whenever  dis- 
posed to  take  an  interest  in  these  improvements,  a  clear  revenue  suf- 
ficient to  fill  her  treasury  and  support  her  civil  list,  as  well  as  to  pro- 
vide extensively  for  the  education  of  her  youth  ;  and  all  these,  with- 
out taxes  on  her  people — therefore, 

Resolved,  That  State  and  county  internal  improvement  shall  forev- 
er be  encouraged  by  the  government  of  this  State;  and  that  it  shall  be 
the  duty  of  the  legislature,  as  soon  as  may  be,  and  from  time  to  time, 
to  make  provision,  by  law,  for  ascertaining  the  most  proper  objects  of 
improvement,  in  relation  both  to  roads  and  our  navigable  waters,  point- 
ing out  the  particular  description  of  either,  most  practicable  to  be  ef- 
fected at  the  most  reasonable  expense;  and  that  it  shall  also  be  their 
duty  to  provide  by  law,  for  a  systematic  and  economical  application 
of  any  funds,  at  any  time  appropriated  to  these  objects;  all  to  be  un- 
der a  due  coarse  of  accountability,  at  fixed  and  short  periods;  and  to 
these  ends,  that  the  same  be  placed  under  the  superintendence  and  di- 
rection of  a  board  of  public  works,  the  commissioners  of  which 
shall,  from  time  to  time,  be  appointed  by  the  legislature;  the  president 
of  which  shall,  from  time  to  time,  at  fixed  periods,  report  the  amountc 
application  and  other  particulars  of  and  relative  to  said  funds  and  pro 
ceedings  of  the  board,  to  the  legislature;  who  shall  order  publications 
thereof  to  be  made  and  distributed  for  the  information  of  the  people, 
at  the  close  of  each  stated  session  of  the  legislature,  together  with  a 
statement  of  the  situation  and  progress  of  each  description  of  such 
improvements;  to  be  filed  and  recorded  in  the  office  of  the  Secretary 
of  State,  subject  to  the  call  and  inspection  of  the  legislature,  either 
branch  thereof,  and  to  that'of  the  governor,  for  the  information  of  the 
legislative  and  executive  departments  of  the  government. 

And  be  it  farther  resolved.  That  the  legislature  shall  have  power 
and  authority  to  grant  charters  of  incorporation  to  such  companies  as 
may  form  themselves  into  associations  for  the  purpose  of  undertaking 
and  carrying  on  internal  improvement,  either  on  land  or  by  water,  in 
any  part  of  the  State,  with  their  own  capital  in  hand,  or  such  as  they 
obtain  by  opening  books  of  subscription,  for  the  purpose  of  raising  or 
increasing  their  capital;  and  that  the  legislature  be  authorized  to  pro- 
vide-, that  the  State  may,  at  its  discretion,  subscribe  for  some  definite 
number  of  shares  with  said  company  or  companies;  and  that  said  com- 
panies, as  to  the  application  of  funds,  be  subject  to  such  regulations 
as  shall,  from  time  to  time,  be  prescribed  by  law;  and  that  full  and 
regular  reports  of  the  proceedings  of  such  company  or  companies, 
shall,  at  stated  periods,  be  made  to  the  legislature  of  this  State,  to  be 
filed  and  recorded  in  the  Secretary  of  State's  office,  for  the  inspection 
of  the  legislative  and  executive  departments  of  the  government;  and 
that  they  be  published,  from  time  to  time,  for  the  information  of  the 
people  of  the  State  at  large ;  and  that  all  due  accountability  of  such 
company  or  companies  be  enjoined  by  law,  at  stated  periods  to  be  per- 
formed, and  in  such  manner  as  shall  be  prescribed  by  law. 


154 

On  motion  of  Mr  ALEXANDER, 

Ordered,  That  a  select  committee  of  seven  be  appointed,  and  that 
the  foregoing  preamble  and  resolutions  be  referred  to  the  said  com- 
mittee. 

The  President  appointed  Messrs  Blount,  Alexander,  John  A.  M'Kin- 
ney,  Allen,  Roadman,  Huntsman  and  Loving  the  said  committee. 

Mr  KINCANNON  submitted  the  following: 

Whereas,  it  is  admitted  on  all  hands,  that  some  efficient  and  per  - 
manent  system  of  general  education  ought  speedily  to  be  established 
in  this  State:  and  whereas,  the  freemen  of  Tennessee  do  object  up- 
on principle  to  the  payment  of  a  poll  tax  for  the  current  expenses  of 
the  government:  and  whereas  it  is  believed  that  the  most  legitimate 
application  of  all  taxes  laid  on  the  persons  of  freemen  is  to  the  improve- 
ment or  enlightening  our  species:  Therefore 

Resolved,  That  a  tax  of  not  less  than  fifty  cents  shall  annually  be 
levied  on,  and  collected  from  every  qualified  voter  within  the  State, 
between  the  age  of  twenty-one  and  fifty  years: — And  that  such  tax, 
when  collected,  shall  be  applied  to  the  purposes  of  general  education, 
Hinder  such  rules  and  regulations  as  the  legislature  shall  from  time  to 
time  establish  and  direct. 

Mr  WEAKLEY  presented  the  account  of  John  Austin,  for  cleaning 
and  repairing  done  on  Representatives  Hall  for  the  reception  of  the 
Convention,  and  also  the  account  of  Robert  I.  Moore,  for  carpeting 
furnished  for  Convention  Hall;  which  were  severally  read  and  referr- 
ed to  the  committee  on  accounts  and  expenditures. 

On  motion  of  Mr  LEDBETTER,  the  Convention  again  resolved  itself  in- 
to Committee  of  the  Whole,  Mr  Cobbs  in  the  chair,  on  the  exist- 
ing Constitution  and  the  various  amendments  thereto  proposed;  and 
after  some  time  spent  in  the  consideration  thereof,  the  committee  rose,, 
reported  progress,  asked  and  obtained  leave  to  sit  again. 

Mr  HESS'S  resolution  made  on  the  6th  June,  providing  that  the 
General  Assembly  shall  have  no  power  to  pass  laws  for  the  emancipa- 
tion of  slaves,  without  the  consent  of  their  owner  or  owners,  &c.— 
And 

Mr  SHARP'S  resolution  made  on  the  10th  of  June,  providing  for  the 
location  of  the  seat  of  Government  permanently,  at  some  point  on 
the  Tennessee  river  and  for  other  purposes,  were  taken  up,  severally 
read  and  referred  to  the  Committee  of  the  Whole. 

On  motion  of  Mr  COBBS, 

Ordered,  That  Messrs  Cabal,  Ledbetter,  Hill,  Purdy,  Webster 
and  Kimbrough,  to  be  added  to  the  committee  raised  by  Mr  Blount'a 
resolution  of  this  day. 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole, 
Mr  Cobbs  in  the  chair,  on  the  existing  Constitution  and  the  various 
amendments  proposed  thereto;  and  after  some  time  spent  in  the  con- 
deration  thereof,  the  committee  rose,  reported  progress,  asked  and  ob- 
tained leave  to  sit  again. 

And  thereupon  the  Convention  adjourned. 


155 


THURSDAY,  JULY  24, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  SENTER  of  the  Methodist  Episcopal  Church. 
Mr  WEBSTER,  from  the  committee  on  new  counties  and  county  boun- 
daries, to  whom  were  referred  sundry  memorials  and  petitions  on  that 
subject,  reported  that  the  committee  have  had  the  same  under  consid- 
eration, and  after  a  full  and  fair  examination  and  investigation  of  each 
memorial  respectively;  the  committee  had  instructed  him  to  report,, 
that  in  the  opinion  of  the  committee,  the  memorials  from  the  counties 
of  Carter,  Sullivan,  Rhea,  Bedford,  Humphreys,  Dyer  and  Tipton 
are  reasonable  and  ought  to  be  granted,  and  each  of  the  above  named 
counties  should  be  made  exceptions  to  the  general  provisions,  adopted 
by  the  Convention  upon  the  subject  of  new  counties,  with  this  proviso 7 
"That  no  new  county  line  shall  be  run  or  established  nearer  to  the 
seat  of  Justice  of  Bedford  county,  than  ten  and  one  half  miles:  and  fur- 
ther, the  committee  recommend  that  the  general  provision  or  the 
principle  adopted  by  the  Convention,  which  provides  that  no  new 
counties  shall  be  formed  of  less  content  than  four  hundred  square  miles,, 
be  amended  so  that  new  counties  shall  be  formed  of  content  of  three 
hundred  and  fifty  square  miles,  and  shall  contain  one  thousand  vo- 
ters:" and  to  ask  that  the  committee  be  discharged  from  the  further 
consideration  of  the  said  memorials. 

On  motion  of  Mr  WEBSTER,  the  foregoing  report  was  ordered  to  the 
table. 

On  motion  of  Mr  HESS,  the  resolutions  heretofore  submitted  by  Mr 
Blount,  on  the  subject  of  emancipation,  were  taken  up,  severally  ready 
ami  referred  to  the  Committee  of  the  Whole. 

The  Convention  again  resolved  itself  into  Committee  of  the  W'hole, 
Mr  Cannon  in  the  chair,  on  the  existing  Constitution  and  the  several 
amendments  proposed  thereto  ;  and  after  some  time  spent  in  the  con- 
sideration thereof,  the  committee  rose,  reported  progress,  asked  and 
obtained  leave  to  sit  again. 

Mr  HUNTSMAN  submitted  the  following : 

Resolved,  That  the  boundary  lines  of  this  State  be  referred  to  a 
committee,  to  enquire  into  its  present  boundaries,  as  settled  either  by 
the  Constitution,  orjby  Convention  with  other  States,  adjoining  this 
Scate,  and  that  they  report  thereon  to  this  Convention. 

And  the  rule  being  suspended,  Mr  Huntsman,  after  the  foregoing 
had  undergone  some  discussion,  asked  and  obtained  leave  to  with- 
draw it. 

Mr  HUMPHREYS,  from  the  committee  on  local  and  private  Legisla- 
tion, made  the  following 

REPORT. 

The  committee  on  Private  and  Local  Legislation,  recommend  the 
following  additions  to  the  Constitution: 


156 

1  st.  The  legislature  shall  have  no  power  to  grant  divorces,  but  may 
authorize  the  courts  of  justice  to  grant  them  by  such  laws  as  may  be 
just  and  proper:  Provided,  That  such  laws  be  general  and  uniform  in 
their  operation  throughout  the  State. 

2nd,  The  legislature  shall  have  no  power  to  authorize  lotteries  for 
any  purpose;  but  shall  pass  laws  to  prohibit  the  sale  of  lottery  tickets 
in  the  State. 

3rd.  The  legislature  shall  fix  the  rate  of  interest,  and  the  rate  so 
established  shall  be  equal  and  uniform  throughout  the  State,  so  that  ev- 
ery person  and  corporation  may  be  allowed  the  same.  But  this  provis- 
ion shall  not  aftect  existing  corporations. 

DIVORCES. 

The  committee  state  that  a  divorce  is  a  dissolution  of  a  marriage 
contract  between  persons.  A  marriage  is  founded  on  consent,  and  is 
ripened  into  a  binding  contract  by  the  public  vows  of  the  parties, 
This  contract  is  deemed,  in  all  civilized  countries,  to  be  one  of  so 
much  importance  to  the  well  being  and  prosperity  of  society,  as  to  re- 
quire thp  special  notice  of  the  laws.  It  is  required  in  this  State,  to  be 
attested  by  an  officer  of  justice,  or  a  minister  of  the  gospel,  and  a  re- 
cord is  made  of  the  transaction.  The  solemnities  of  the  law  are  thus 
superadded  to  the  private  contract,  in  order  to  give  publicity  and  per- 
manency to  it.  The  best  interest  of  the  parties,  of  their  offspring  and 
of  society,  will  be  consulted  by  making  this  delicate  tie  expire  only  by 
the  death  of  one  of  the  contracting  parties.  The  experience  of  every 
country,  the  acts  of  which  are  worthy  of  any  consideration,  attest  this 
truth.  The  States  generally,  have  proceeded,  through  their  Legisla- 
tures, to  specify  by  general  laws,  applicable  alike  to  every  person, 
the  cases  in  which  the  bonds  of  matrimony  may  be  dissolved,  and  the 
parties  released  from  the  obligations  arising  from  it.  These  cases 
are  few  in  number,  and  authorised  only  by  acts  grossly  inconsistent 
with  the  marriage  vows.  The  Legislature  of  Tennessee  passed  an 
act  in  181  ,  authorising  certain  courts  of  justice  to  grant  divorces 
to  all  persons  who  brought  themselves  within  the  piovisions  of  the 
general  law,  which  enumerated  and  specified  the  causes  of  divor- 
ces. Notwithstanding  this  provision,  affording  redress  to  all  persons 
at  home,  where  all  the  circumstances  are  fully  known,  in  a  cheap,  ex- 
peditious and  just  way  ;  the  Legislature  is  constantly  filled  with  ap- 
plications for  divorces. 

These  divorces  of  necessity  come  within  two  classes:  1st,  those  not 
authorised  by  the  general  laws  of  the  land;  and  2ndiy,  those  which 
are  authorized  by  them.  Those  which  are  authorized  by  the  general 
law,  are  brought  into  the  Legislature  in  order  to  save  time  and  cost. 
The  cases  which  cannot  be  brought  within  the  general  law,  are  submit- 
ted to  the  Legislature  from  a  combination  of  motives,  to  wit:  to  save 
cost,  time  and  to  get  the  privilege  of  a  divorce  for  causes  more  slight 
and  trivial  than  such  as  are  embraced  within  the  general  law,  or  for 


157 

causes  new  and  unthought  of.  The  committee  believe  this  is  all  wrong, 
and  is  not  sanctioned  by  the  best  interests  of  the  State.  This  power 
should  not  be  exercised  in  any  case  whatever  ;  but  should  be  dele- 
gated to  the  magistrates  of  the  several  counties  assembled  in  county 
court,  or  should  be  vested  in  the  circuit  courts.  The  legislature  can 
n»ake  provision  for  every  possible  case  that  may  arise.  If  particular 
cases  of  hardship  do  arise,  they  will  be  but  seldom  if  ever  without  a 
a  remedy.  But  what  general  law  or  provision  is  there,  that  does  not 
sometimes  operate  severely.  The  Constitution  should  be  organized 
with  an  eye  to  the  great  and  general  interests  which  must,  and  will  be 
promoted  by  this  provision. 

First  as  to  Costs.  The  committee  beg  leave  to  state,  that  in  select- 
ing a  tribunal  to  settle  controversies,  dissolve  contracts  and  the  like, 
when  the  merits  of  two  for  the  attainment  of  justice  are  equal,  that 
should  be  preferred  which  is  cheapest.  Divorces  have  been  hereto- 
fore tried  in  the  circuit  courts,  generally  without  a  jury.  The  salary 
of  the  judge  is  stated,  and  is  not  increased  or  diminished  by  any  in- 
crease or  diminution  of  business.  The  result  has  been,  that  no  costs 
accrue  but  fees  of  counsel,  clerk  and  sheriff.  If  the  parties  can  bring 
themselves  within  the  provision  of  the  laws  for  the  benefit  of  poor 
persons,  no  costs  whatever  can  arise.  In  any  event,  the  costs  will 
not  be  greater  than  in  any  other  private  suit  and  cannot  possibly  be 
oppressive.  What  is  the  result  of  a  reference  of  such  questions  to  the 
legislature?  This  body  is  to  be  increased  to  some  seventy  or  eighty 
men;  their  established  pay  is  $4  per  diem;  add  the  costs  of  clerks, 
door-keepers  and  stationery  for  both  houses,  to  the  per  diem  allowance 
of  members,  and  the  whole  will  constitute  a  most  expensive  court  for 
the  trial  of  disputes. 

The  Secretary  of  State  informs  the  committee,  that  it  is  not  usual, 
so  far  as  his  information  extends,  for  private  bills  of  this  sort,  to  con- 
sume as  much  time  as  bills  of  a  more  general  character  ;  but  the  com- 
mittee are  of  opinion,  that  cases  must  of  necessity  occur,  which  will 
require  a  week  or  more  to  dispose  of  them.  The  committee  are  led  to 
this  conclusion,  from  a  knowledge  of  the  fact,  that  there  is  nothing 
more  calculated  to  excite  personal  interest  and  curiosity,  and  protract- 
ed debate,  than  the  facts  which  would  sometimes  be  called  forth  on  oc- 
casions of  this  sort.  The  committee  leave  out  of  view  the  bad  feelings 
which  these  struggles  about  female  rights  engender,  and  the  with- 
drawal of  the  minds  of  the  members  from  the  more  important  business 
of  the  State. 

The  committee  further  suggest,  that  it  is  a  most  extraordinary  spec- 
tacle of  extravagance  and  folly,  in  an  enlightened  country,  to  find  the 
council  of  State,  consisting  of  some  sixty  or  eighty  men,  convened  for 
the  purpose  of  superintending  the  great  interests  of  State,  examining 
testimony  and  listening  to  protracted  discussions  about  private  rights 
and  private  licentiousness,  at  the  daily  cost  of  some  three  or  four  hun- 
dred dollars. 

Another  item  of  costs  may  not  perhaps  be  unworthy  of  considera- 


15$ 

tion,  to  wit :  the  publication  of  these  proceedings  on  the  separate  jour- 
nals of  each  house,  and  on  the  printed  acts  that  are  scattered  over  the 
State.  It  is  impossible  without  doing  mischief,  to  stifle  any  of  the  acts 
of  the  legislature.  The  committee  are  of  opinion,  that  the  people 
should  have  exact  information  of  all  the  proceedings  of  that  body.  The 
only  cheek  upon  their  vicious  acts  and  doings,  is  the  publication  of 
them.  The  cost  of  publication  then,  must  be  an  additional  burthen  up- 
on the  people.  The  committee  state,  that  it  is  most  ruinous  policy 
that  the  whole  community  should  pay  for  the  vices  of  a  few  individuals; 
and  that  it  should  never  be  done,  unless  to  stop  positive  oppression. 

The  committee  state,  that  the  courts  of  justice  are  much  mo.e  like- 
ly to  learn  the  truth  and  do  justice  between  the  parties. 

In  any  view  in  which  it  can  be  conceived,  the  act  of  dissolving  the 
bonds  of  matrimony  is  the  dissolution  of  a  contract.  Whether  it 
comes  within  the  spirit  of  that  clause  in  the  Bill  of  Rights,  which  for- 
bids the  legislature  from  impairing  the  obligation  of  a  contract,  it  is 
not  now  necessary  to  determine,  but  certainly  is  an  act  which  must  op- 
erate upon  the  destination  of  the  estate  which  they  may  jointly  or 
singly  possess.  It  is  a  trial  of  personal  rights,  of  pecuniary  rights. 
The  legislature  is  converted  into  a  judicial  tribual  for  the  settle- 
ment of  private  controversies.  This  is  a  violation  of  one  of  the 
well  settled  principles  in  our  government,  which  directs,  that  the 
powers  of  the  goveanment,  legislative,  executive  and  judicial  should 
be  vested  in  different  bodies  of  magistracy.  The  numbers  and 
qualifications  of  those  different  bodies  of  men,  are  so  wholly  different 
as  to  render  it  most  absurd  and  improper,  that  the  duties  of  the  one 
should  be  discharged  by  the  other.  It  matters  not  whether  the  case 
presented  to  the  legislature,  be  within  the  provisions  of  the  existing 
laws  or  not,  that  body  must  act  upon  the  evidence  of  facts.  How  are 
these  facts  to  be  made  known?  If  the  facts  are  to  be  tried  before  the 
courts  of  justice  in  the  county  where  the  parties  reside,  their  charac- 
ters are  there  made  known;  the  facts  are  made  known  through  the 
medium  of  sworn  witnesses,  and  the  decree  can  be  temporary  or  limit- 
ed, or  conditional,  as  justice  may  require.  The  division  of  the  estate, 
the  support  of  the  parties  and  their  offspring,  can  all  be  deliberately  at- 
tended to.  How  different  is  the  case  when  the  parties  are  brought  be- 
fore the  legislature.  The  legislature  must  of  necessity  know  nothing  a- 
bout  the  characters,or  the  circumstances  of  the  parties,  or  the  facts  upon 
which  the  application  is  grounded.  Even  the  member  from  the  dis- 
trict is  frequently  as  much  in  the  dark  as  to  the  true  state  of  the  facts, 
as  others.  He  hears  one  side.  How  is  it  possible  to  do  justice  in 
such  a  delicate  matter,  so  full  of  feeling  and  important  interests? 

The  committee  believe  that  so  much  divorcing  by  the  Legislature 
would  not  take  place,  were  it  not  for  the  peculiar  manner  in  which  such 
subjects  of  legislation  are  frequently  managed  through  the  Houses.  A 
number  of  applicants  are  brought  forward,  and  they  are  all  connected 
one  with  another,  and  with  other  private  and  local  matters.  Thus  they 
get  the  support  of  a  majority.  If  each  stood  or  fell  upon  its  separate 


159 

merits,  the  whole  would  fall  to  the  ground.  This  fact  is  attested  by 
the  information  afforded  by  the  Secretary,  of  the  large  number  of  di- 
vorces granted  in  a  few  acts.  The  committee  believe  that  this  sort  of 
legislation  is  corrupting  in  its  character,  and  interferes  most  unjustly 
with  the  passage  of  general  laws. 

The  Committee  state,  that  the  tendency  of  legislative  divorces  is 
to  increase  the  facilities  of  obtaining  them.  The  act  is  arbitrary,  and 
founded  upon  no  rule  or  given  law.  It  depends  upon  the  rank  and 
respectability  of  the  parties,  or  the  sympathy  which  can  be  got  up  for 
them.  Thus  one  man  would  be  divorced  upon  a  general  state  of  facts, 
whilst  another  would  be  refused  the  privilege  on  the  same  facts.  This 
is  a  species  of  favoritism  which  should  not  be  indulged  in. 

If  this  power  is  totally  forbidden,  it  will  cut  off  all  hopes  of  separa- 
tion but  for  known  causes.  It  will  put  an  end  to  much  cost,  much  in- 
justice, and  much  licentiousness. 

The  committee  conclude  by  expressing  a  desire  that  the  clause  be 
adopted. 

LOTTERIES. 

The  committee  recommend  the  adoption  of  the  second  clause,  deem- 
ing it  of  the  most  vital  importance  to  the  country.  The  committee 
state, that  the  Legislature  of  this  State  have  declared  Lotteries  illegal, 
and  that  they  shall  not  be  permitted  unless  in  such  cases  as  may  be 
authorized  by  special  acts.  The  supreme  court  of  this  State  in  the 
case  of  (see  Yerger's  Reports,)  have  declared  that 

Lotteries  came  within  the  spirit  and  meaning  of  the  laws  passed  a- 
gainst  gambling.  They  declare  the  sale  of  lottery  tickets  to  be  gam- 
bling of  the  worst  sort;  and  descant  at  large  upon  its  injurious  effects 
upon  the  morals  of  the  community. 

What  is  the  end  of  the  whole  scheme  but  from  a  spirit  oi  favoritism 
to  some  individual,  to  enable  him  to  realise  money  upon  the  risks  and 
losses  of  the  community.  All  acts  authorizing  Lotteries  are  then,  ac- 
cording to  the  decision  of  the  supreme  court,  and  according  to  truth, 
nothing  short  of  legalizing  gambling.  In  fact,  it  is  nothing  short  of 
giving  an  individual  the  right  to  establish  a  faro  bank  for  his  private 
benefit. 

The  committe  are  well  aware,  that  this  privilege  is  only  extended 
in  the  general  to  some  individual  of  supposed  merit,  for  whom  the  pub- 
lic compassion  is  extended,  or  for  the  establishment  of  some  bridge, 
academy,  or  other  purposes,  supposed  to  be  greatly  advantageous  to 
the  community. 

These  acts  are  justified  upon  the  grounds  that  bad  means  are  pro- 
per to  be  used  to  obtain  good  and  laudible  ends. 

If  a  Lottery  office  is  a  gambling  establishment  in  its  objects  and  re- 
sults :  if  it  seduces  men  away  from  the  steady  gain  of  honest  industry, 
in  pursuit  of  the  captivating  idea  of  a  vast  prize  :  if  it  ends  in  the  sud- 
den elevation  of  a  few,  by  the  destruction  of  thousands,  fortune  and 


180 

morals  ;  if  such  be  the  results  when  pursued  to  excess  (and  the  com- 
mittee are  of  opinion  that  such  is  the  fact)  then  this  licensed  gambling 
should  meet  with  the  execration  of  every  citizen. 

The  committee  are  aware  that  it  may  be  said,  that  .the  Legislature 
have  never  authorized  Lotteries  to  a  very  extravagant  extent.  Yet  it 
is  nevertheless  true,  that  that  body  is  constantly  in  the  habit  of  exer- 
cising their  power  in  this  respect.  The  committee  are  of  opinion  that 
it  is  a  power  which  they  should  not  have;  and  that  a  prohibition  to  that 
effect  should  become  a  part  of  our  fundamental  law. 

No  matter  how  laudable  the  designs  of  a  special  Lottery  may  be, 
thedirect  loss  to  the  community,  as  well  as  the  incidental  demoraliza- 
iton,  will  always  balance  the  good  that  may  be  anticipated. 

The  granting  of  one  Lottery  is  a  precedent  for  another.  If  a  spe- 
cial favor  is  extended  to  one,  it  may  be  claimed  with  equal  justice  by 
a  second  and  a  third.  The  spirit  is  thus  got  up,  and  the  whole  State  is 
filled  with  lottery  tickets. 

This  feeling  sometimes  seizes  the  community  and  it  is  carried  to  the 
most  extravagant  lengths. 

Before  the  passage  of  the  first  act  by  the  Parliament  of  Great  Bri- 
tain, in  1788,  to  restrain  lotteries,  there  were  five  hundred  lottery 
offices  about  the  city  of  London  alone.  This  act  prohibited  them  un- 
der the  penalty  of  fifty  pounds  sterling.  This  however  did  not  put  a 
stop  to  them.  By  43d  George  3d,  lotteries  were  declared  nuisances, 
and  the  venders  of  the  tickets  rogues  and  vagabonds,  and  they  were 
subject  to  a  penalty  of  five  hundred  pounds. 

This  in  a  great  measure  put  an  end  to  private  Lotteries,  yet  strange 
to  tell,  after  the  passage  of  this  severe  law,  the  Parliament  authorized 
the  granting  of  Lotteries  for  special  purposes.  They  were  constantly 
authorized  by  the  Ministry  for  the  purpose  of  raising  supplies  for  the 
support  of  the  expenses  of  government.  Its  bad  effects  upon  the  pe- 
cuniary affairs  of  individuals,  and  the  morals  of  the  kingdom  became 
visible  and  alarming.  The  matter  long  engaged  the  serious  attention 
of  Parliament.  The  House  of  Commons  in  1808,  appointed  a  com- 
mittee to  investigate  it,  which  ended  in  a  report  to  the  House,  which 
declares  that  the  "foundation  of  Lotteries  is  so  radically  vicious,  that 
under  no  system  will  it  be  possible  for  Parliament  to  adopt  it  as  an  effi- 
cacious source  of  revenue,  and  at  the  same  time  divest  it  of  the  evils 
of  which  it  has  produced  such  a  fruitful  crop."  It  has  been  complete- 
ly forbidden  in  Great  Britain. 

The  rage  for  lotteries  grew  very  violent  in  New  York  at  one  peri- 
od. The  mischief  was  apparent  to  all.  It  was  terminated  by  a  clause 
in  the  amended  constitution  of  that  State  in  1821,  which  prohibited 
the  Legislature  from  the  exercise  of  the  power  of  authorizing  them 
at  all. 

The  committee  beg  leave  to  bring  to  the  attention  of  the  Conven- 
tion, an  extract  of  a  "letter  addressed  to  Messrs  Foster  and  Fogg  of 
Nashville,  on  the  subject  of  lotteries,  by  Mr  Thos.  Earps  of  Phila- 
delphia, which  has  been  politely  handed  to  the  committee.  He  states: 


161 

"Lottery  gambling,  in  this  State,  has,  until  lately  been  can  led  to  an 
enormous  extent,  and  the  evils  of  it  become  so  alarming,  that  a  num- 
ber of  our  most  respectable  citizens  felt  it  their  duty  to  interfere,  and 
put  a  stop  to  it  if  possible.  They  finally  succeeded  in  having  an  act 
passed  by  our  Legislature  for  the  abolition  of  lotteries  in  this  State, 
which  went  into  operation  on  the  first  of  January  last. 

To  give  you  some  idea  of  the  extent  that  this  species  of  gambling 
was  carried  in  this  city,  I  need  only  say,  that  it  was  ascertained  that 
we  had  at  one  time  upwards  of  one  hundred  and  seventy  offices  open 
within  its  limits,  for  the  sale  of  lottery  tickets ;  in  addition  to  which 
there  was  a  vast  number  of  pedlars,  who  made  it  a  business  to  offer 
tickets  for  sale  at  public  and  private  houses,  stores  and  market  places." 
To  prevent  the  occurrence  of  all  such  evils  in  this  State,  the  commit- 
tee recommend  the  adoption  of  the  above  provision. 

RATE  OF  INTEREST. 

The  committee  on  this  branch  of  the  subject  referred  to  them,  beg 
leave  to  recommend  the  provision  at  the  head  of  this  report. 

The  propriety  of  this  clause  must  be  apparent  to  all.  There  is  no- 
thing by  which  the  best  interests  of  the  community  ?y»ay  be  so  soon, 
and  so  severely,  and  so  imperceptibly  destroyed,  as  by  the  mode  of 
regulating  the  interest  on  money  loaned.  The  committee  believe  its 
great  importance  deserves  a  notice  in  the  fundamental  law.  This 
clause  requires  that  the  Legislature  shall  fix  a  rate.  This  is  to  pre- 
vent the  matter  from  being  open  to  contract,  whereby  the  necessitous 
may  be  devoured  by  the  more  astute.  It  requires  that  this  rate, 
though  subject  to  legislative  discretion  as  to  the  amount,  should  be 
equal  and  uniform  throughout  the  State,  whether  in  regard  to  individ- 
uals or  corporations. 

The  committee  believe  that  the  rate  of  interest  is  too  important  a 
matter  to  be  suspended  for  the  benefit  of  any  individual  or  corpora- 
tion. The  absurdity  of  it  is  so  glaring,  that  if  prayed  for  by  an  individ- 
ual, it  would  meet  with  the  most  unqualified  disapprobation.  The 
committee  are  of  opinion  that  it  is  manifestly  unjust  when  grant- 
ed to  corporations.  Higher  rales  of  interest  than  are  allowed  to  in- 
dividuals are  some  times  granted  to  banking  corporations  under  cover 
of  the  public  good.  The  community  suffers  in  the  end.  Banking  is 
a  personal  right,  until  restrained  by  acts  of  legislation.  The  commu- 
nity is  prohibited  at  large  and  the  privilege  is  granted  to  a  few.  This 
is  a  piece  of  favoritism,  an  exclusive  privilege,  a  monopoly. 

How  far  such  a  course  of  policy  is  justified  by  the  public  good,  it  is 
not  now  necessary  for  this  committee  to  determine.  But  the  com- 
mittee declare,  that  when  a  set  of  stockholders  of  some  corporation 
are  allowed,  in  addition  to  their  other  exclusive  privileges,  to  charge 
and  receive  a  greater  rate  of  interest  than  the  residue  of  the  commu- 
nity, it  is  establishing  an  inequality  neither  justified  by  republican  in- 
stitutions nor  sanctioned  by  the  interest  of  the  State. 

0 


162 

The  idea  abroad  is,  that  banks  must  exist  to  furnish  a  circulating 
medium,  and  that  they  could  not  be  sustained  unless  by  unusual  rates 
allowed.  This  is  not  true  in  point  of  fact.  Concentrated  capital,  un- 
der the  management  of  an  organized  institution,  having  peculiar  priv- 
ileges, can  sustain  itself  by  that  rate  which  is  fixed  as  just  and  right  ii 
the  land.  How  is  it  possible  for  individuals  to  loan  at  a  rate  which  wil 
sink  a  bank? 

The  committee  believe  that  this  proposition  is  characterised  by  the 
true  spirit  of  our  institutions,  justice  and  equality.  It  places  every 
citizen  on  the  same  footing. 

On  the  subject  of  local  and  private  legislation  generally,  and  othei 
matters  referred  to  them,  the  committee   state,  that  they  have  mad( 
some  progress,  and  will  make  a  further  report  in  a  few  days. 
All  of  which  is  respectfully  submitted: 

W.  H.  HUMPHREYS,  Chairman. 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole, 
Mr.  CANNON  in  the  Chair,  on  the  existing  Constitution,  and  the  va- 
rious amendments  thereto  proposed,  and  after  some  time  spent  in  the 
consideration  thereof,  the  Committee  rose,  reported  progress,  asked, 
and  obtained  leave  to  sit  again. 

The  Convention  again  resolved  itself  into  Committee  of  the  Whole, 
Mr.  CANNON  in  the  Chair,  on  the  existing  Constitution,  and  the  vari- 
ous amendments  thereto  proposed,  and  after  some  time  spent  in  th< 
consideration  thereof,  the  committee  rose  ;  and  the  Chairman  report- 
ed, that  the  committee  had  carefully  examined  and  passed  upon  all 
matters  and  things  to  them  submitted,  and  had  instructed  him  to  aj 
to  be  discharged  from  their  further  consideration. 

Mr.  LEDBETTER  submitted  the  following  : 

Resolved,  That  copies  of  the  Report  of  the  Committee  of  th< 

Whole,  showing  the  several  amendments  that  are  recommended  to 
made  to  the  existing  Constitution,  be  printed  for  the  use  of  the  Con- 
vention. 

Mr  BLOUNT  submitted  the  following  : 

Resolved,  That  the  Chairman  of  the  Committee  of  the  Whole,  foi 
the  able  and  impartial  manner  in  which  he  has  presided,  is  entitled 
the  approbation  and  thanks  of  this  Convention. 

And  the  rule  being  suspended,  the  said  resolution  was  adopted  m 
ine  contradicente. 

Whereupon  Mr.  CANNON  made  his  acknowledgments  in  the  follow- 
ing words,  and  said 

"He  hoped  the  members  of  the  Convention  would  permit  him  to  ex- 
press to  them  his  most  cordial  congratulations,  on  the  accomplishment 
of  the  most  important,  and  he  trusted,  most  laborious  part  of  their  duties 
— the  examination  nnd  amendment  of  tne  Constitution,  in  the  Com- 
mittee of  the  WThole,  by  articles  and  sections,  in  the  manner  contem- 
plated by  the  resolution,  under  which  they  had  been  acting — and  als< 
to  say  in  reply  to  the  very  flattering  sentiments,  which  had  just  beei 
expressed  by  the  gentleman  from  Montgomery,  and  received  wit! 


163 

such  unanimity,  in  regard  to  the  course  he  had  pursued,  while  endea- 
voring to  discharge  the  various,  and  at  the  same  time  complicated  du- 
ties, which  devolved  on  him  while  in  the  Chair,  and  in  the  discharge 
of  which  he  entertained  himself  no  doubt,  but  that  he  had  fallen. into 
many  errors;  yet  throughout  the  whole  progress  of  their  deliberations, 
on  the  many  different  subjects,  however  difficult,  doubtful  or  perplex- 
ing, but  in  relation  to  which  it  became  his  duty  to  act,  the  kindest  in- 
dulgence and  liberality  had  been  uniformly  extended  to  him,  and  the 
most  constant  and  unanimous  support  of  the  committee  afforded,  in  re- 
turn for  which  he  begged  permission  to  tender  to  each  member  of  the 
Convention  his  sincere  thanks." 
And  then  the  Convention  adjourned. 

FRIDAY,  July  25,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KiMBRouGHof  the  Baptist  Church. 

Mr  CANNON  presented  the  memorial  of  sundry  citizens  of  Bedford 
and  Williamson  counties,  on  the  subject  of  new  counties,  which  was 
read  and  ordered  to  the  table. 

On  motion  of  Mr.  LOVING,  it  was  ordered  that  Mr.  Porter  have 
leave  of  absence  for  a  few  days. 

On  motion  of  Mr.  WEBSTER,  it  was 

Ordered,  That  the  Committee  on  new  counties  and  county  bounda- 
ries, be  discharged  from  the  further  consideration  of  the  several  me- 
morials and  petitions  to  them  referred  on  that  subject. 

MR.  CANNON,  Chairman  of  the  Committee  of  the  Whole  House, 
submitted  the  following 

REPORT  : 

That  the  Committee  of  the  Whole,  to  whom  had  been  referred  the 
existing  Constitution  of  the  State,  for  examination  in  detail  by  Arti- 
cles and  Sections,  in  obedience  to  a  resolution  of  the  Convention  adopt- 
ed on  the  25th  of  May,  had  gone  through  the  same  in  the  manner 
prescribed  by  the  said  resolution,  and  recommend  to  the  Convention 
the  adoption  of  the  annexed  amended  CONSTITUTION,  the  same  being 
the  retained  parts,  and  amendments  made  to  the  present  Constitution, 
drawn  up  in  the  form  in  which  the  Committee  recommend  the  adop- 
tion of  the  same,  to  wit: 

DECLARATION   OF  RIGHTS. 

SECTION  1.  That  all  power  is  inherent  in  the  people,  and  all  free 
government  arc  founded  on  their  authority,  and  instituted  for  their 
peace,  safety  and  happiness;  for  the  advancement  of  those  ends, 
theyhave,  at  all  times,  an  unalienable  and  indefeasible  right  to  alter,  re- 
form or  abolish  the  government  in  such  manner  as  they  may  think  pro- 
per. 


164  * 

SEC.  2.  That  government  being  instituted  for  the  common  bene- 
fit, the  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
sion, is  absurd,  slavish  and  destructive  to  the  good  and  happiness  of 
mankind. 

SEC.  3.  That  all  men  have  a  natural  and  in  defeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  conscience; 
that  no  man  can,  of  right,  be  compelled  to  attend,  erect  or  support  any 
place  of  worship,  or  to  maintain  any  Minister  against  his  consent;  that 
no  human  authority  can,  in  any  case  whatever,  control  or  interfere  with 
the  rights  of  conscience;  and  that  no  preference  shall  ever  be  given, 
by  law,  to  any  religious  establishment  or  modes  of  worship. 

SEC.  4.  That  no  religious  test  shall  ever  be  required  as  a  qualifica- 
tion to  any  office  or  public  trust  under  this  State. 

SEC.  5.     That  elections  shall  be  free  and  equal. 

SEC.  6.     That  the  right  of  trial  by  jury  shall  remain  inviolate. 

SEC.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures ;  and  that 
general  warrants,  whereby  an  officer  may  be  commanded  to  search 
suspected  places,  without  evidence  of  the  fact  committed,  or  to  seize 
any  person  or  persons  not  named,  whose  offences  are  not  particularly 
described  and  supported  by  evidence,  are  dangerous  to  liberty  and  ought 
not  to  be  granted. 

SEC.  8.  That  no  free  man  shall  be  taken  or  imprisoned,  or  disseiz- 
ed of  his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled,  or  in 
any  manner  destroyed  or  deprived  of  his  life,  liberty  or  property, 
but  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

SEC.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  aright 
to  be  heard  by  himself  and  his  counsel;  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  in  prosecutions  by  indictment  or  present- 
ment, a  speedy  public  trial,  by  an  impartial  jury  of  the  county  or  dis- 
trict in  which  the  crime  shall  have  been  committed;  and  shall  not  be 
compelled  to  give  evidence  against  himself. 

SEC.  10.  That  no  person  shall,  for  the  same  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

SEC.  1 1.  That  laws  made  for  the  punishment  of  facts  committed  pre- 
vious to  the  existence  of  swh  Jaws,  and  by  them  only  declared  crim- 
inal, are  contrary  to  the  principles  of  a  free  government;  wherefore 
no  ex  post  facto  law  shall  be  made. 

SEC.  12.  That  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate.  The  estate  of  such  persons  as  shall  destroy  their 
own  lives,  shall  descend  or  vest  as  in  case  of  natural  death.  If  any 
person  be  killed  by  casualty,  there  shall  be  no  forfeiture  in  conse- 
quence thereof. 

SEC.  13.  That  no  person  arrested  or  confined  in  jail,  shall  be  treated 
with  unnecessary  rigor. 

SECO  14.  That  no  freeman  shall  be  put  to  answer  any  criminal 
charge  but  by  presentment,  indictment  or  impeachment. 


165 

SEC.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sure- 
ties unless  for  capital  offences  when  the  proof  is  evident  or  the  pre- 
sumption great.  And  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

SEC.  16.     That  excessive  bail  shall  not  be  required,  nor  excessive 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

SEC.  17.  That  all  courts  shall  be  open;  and  every  man,  for  an  in- 
jury done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  re- 
medy by  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay.  Suits  may  be  brought  against  the  State  in  such 
manner,  and  in  such  courts,  as_the  Legislature  may  by  law  direct. 

SEC.  18.  That  the  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering  up 
his  estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  manner  as 
shall  be  prescribed  by  law. 

SEC.  19.  That  the  printing  presses  shall  be  free  to  every  person 
who  undertakes  to  examine  the  proceedings  of  the  Legislature,  or 
of  any  branch  or  Officer  of  Government;  and  no  law  shall  ever  be 
made  to  restrain  the  right  thereof.  The  free  communication  of  thoughts 
and  opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen 
may  freely  speak,  write  and  print  on  any  subject,  being  responsible  for 
the  abuse  of  that  liberty.  But  in  prosecutions  for  the  publication  of 
papers  investigating  the  official  conduct  of  officers  or  men  in  public 
capacity,  the  truth  thereof  may  be  given  in  evidence;  and  in  all  in- 
dictments for  libels,  the  jury  shall  have  a  right  to  determine  the  law  and 
the  facts,  under  the  direction  of  the  Court,  as  in  other  cases. 

SEC.  20.  That  no  retrospective  law,  or  law  impairing  the  obligation 
of  contracts,  shall  be  made. 

SEC.  21.  That  no  man's  particular  services  shall  be  demanded,  or 
property  taken,  or  applied  to  public  use,  without  the  consent  of  his 
representatives,  or  without  just  compensation  being  made  therefor. 

SEC.  22.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together,  for  their  common  good,  to  instruct  their  repre- 
sentatives, and  to  apply  to  those  invested  with  the  powers  of  govern- 
ment for  redress  of  grievances  or  other  proper  purposes,  by  address 
or  remonstrance. 

SEC.  23.  That  perpetuities  and  monopolies  are  contrary  to  the  ge- 
nius of  a  free  State,  and  shall  not  be  allowed. 

SEC.  24.  That  the  sure  and  certain  defence  of  a  free  people,  is  a 
well  regulated  militia:  and,  as  standing  armies  in  time  of  peace  are 
dangerous  to  freedom.;  they  ought  to  be  avoided,  as  far  as  the  circum- 
stances and  safety  of  the  community  will  admit;  and  that  in  all  cases 
the  military  shall  be  kept  in  strict  subordination  to  the  civil  authority. 

SEC.  25.  That  no  citizen  of  this  State,  except  such  as  are  employ- 
ed in  the  army  of  the  United  States,  or  militia  in  actual  service,  shall 
be  subjected  to  corporeal  punishment  under  the  martial  law. 

E:c.     26.  That  the  free  white  men  of  this  State  have  a  right  to  keep 
to  bear  arms  for  their  common  defence. 
' 


166 

SEC.  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered 
in  >ny  house  without  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a  manner  prescribed  by  law. 

SEC.  28.  That  no  citizen  of  this  State  shall  be  compelled  to 
bear  irms,  provided  he  will  pay  an  equivalent,  to  be  ascertained  by 
law. 

SEC.  29.  That  an  equal  participation  of  the  free  navigation  of  the 
Mississippi,  is  one  of  the  inherent  rights  of  the  citizens  of  this  State:  it 
cannot,  therefore,  be  conceded  to  any  prince,  potentate,  power,  person 
or  persons  whatever. 

SEC.  30.  That  no  hereditary  emoluments,  privileges,  or  honors, 
shall  ever  be  granted  or  conferred  in  this  State. 

SEC.  31.  That  the  limits  and  boundaries  of  this  State  be  ascer- 
tained, it  is  declared  they  are  as  hereafter  mentioned,  that  is  to  say: 
Beginning  on  the  extreme  height  of  the  Stone  mountain,  at  the  place 
where  the  line  of  Virginia  intersects  it,  in  latitude  thirty-six  degrees 
and  thirty  minutes  north;  running  thence  along  the  extreme  height  of 
the  said  mountain  to  the  place  where  Watauga  river  breaks  through 
it;  thence  a  direct  course  to  the  top  of  the  Yellow  mountain,  where 
Bright'sroad  crosses  the  same;  thence  along  the  ridge  of  said  moun- 
tain between  the  waters  of  Doe  river  and  the  waters  of  Rock  creek,  to 
the  place  where  the  road  crosses  the  Iron  mountain  ;  from  thence  a- 
long  the  extreme  height  of  said  mountain,  to  the  place  where  Noli- 
chucky  river  runs  through  the  same;  thence  to  the  top  of  the  Bald  moun- 
tain ;  thence  along  the  extreme  height  of  said  mountain,  to  the  Painted 
Rock,  on  French  Broad  river;  thence  along  the  highest  ridge  of  said 
mountain,  to  the  place  where  it  is  called  the  Great  Iron  or  Smoky 
mountain;  thence  along  the  extreme  height  of  said  mountain,  to  the 
place  where  it  is  called  Unicoi  or  Unaka  mountain,  between  the  Indian 
towns  of  Cowee  and  Old  Chota;  thence  along  the  main  ridge  of  the 
said  mountain,  to  the  southern  boundary  of  this  State,  as  described 
in  the  act  of  cession  of  North  Carolina  to  the  United  States  of  Ame- 
rica: and  that  all  the  territory,  lands  and  waters  lying  west  of  the 
said  line,  as  before  mentioned,  and  contained  within  the  chartered 
limits  of  the  State  of  North  Carolina,  are  within  the  boundaries  and 
limits  of  this  State,  over  which  the  people  have  the  right  of  exercising 
sovereignty  and  the  right  of  soil,  so  far  as  is  consistent  with  the  consti- 
tution of  the  United  States,  recognizing  the  articles  of  confederation, 
the  bill  of  rights,  and  constitution  of  North  Carolina,  the  cession  act 
of  the  said  State,  and  the  ordinance  of  the  late  Congress  for  the  gov- 
ernment of  the  territory  north  west  of  the  Ohio:  provided,  nothing 
herein  contained  shall  extend  to  affect  the  claim  or  claims  of  individu- 
als, to  any  part  of  the  soil  which  is  recognized  to  them  by  the  aforesaid 
cession  act :  and  provided  also,  that  the  limits  and  jurisdiction  of  this 
State  shall  extend  to  any  otjher  land  and  territory  now  acquired,  or 
that  may  hereafter  be  acquired  by  compact  or  agreement  with  other 
States  or  otherwise,  although  such  land  and  territory  are  not  included 
within  the  boundaries  herein  before  designated. 


167 


ARTICLE  I. 

SECTION  1.  The  Legislative  authority  of  this  State  shall  be  vest- 
ed in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  House 
of  Representatives,  both  dependent  on  the  people. 

SEC.  2.  That  the  number  of  Representatives  shall  at  the  several 
periods  of  making  an  enumeration,  be  apportioned  among  the  several 
counties  or  districts  accoidingto  the  number  of  qualified  voters  in  each, 
and  shall  not  exceed  seventy-five,  until  the  population  of  the  State 
shall  be  one  million,  and  never  thereafter  more  than  ;  provided  that 
any  one  of  the  small  counties,  having  two  thirds  of  the  ratio,  shall  be 
entitled  to  one  member. 

SEC.  3.  That  the  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  counties, 
or  districts,  according  to  the  number  of  qualified  electors  in  each,  and 
shall  not  exceed  one-third  the  number  of  Representatives.  In  appor- 
tioning the  Senators  among  the  different  counties,  in  the  State  the  frac- 
tion that  may  be  lost  by  any  county  in  the  apportionment  of  Mem- 
bers to  the  House  of  Representatives,  shall  be  made  up  to  such  coun- 
ty in  the  Senate,  as  near  as  may  be  practicable. 

SEC.  4.  That  the  first  election  for  Senators  and  Representatives, 
under  this  Constitution,  shall  take  place  on  the  first  Thursday  in  Au- 
gust, 1835,  and  the  General  Assembly  shall  sit  on  the  first  Monday  in 
October  thereafter. 

SEC.  5.  The  second  session  of  the  General  Assembly  shall  sit 
on  the  first  Monday  in  October,  one  thousand  eight  hundred  and  thirty- 
eight;  and  once  in  two  years  forever  thereafter  on  said  first  Monday 
in  October. 

SEC.  6.  The  general  elections  shall  take  place  on  the  1st  Thurs- 
day in  August,  preceding  the  sitting  of  the  General  Assembly — and 
shall  terminate  the  same  day. 

SEC.  7.  No  person  shall  be  eligible  to  a  seat  in  the  House  of  Re- 
presentatives of  the  General  Assembly,  unless  he  shall  be  a  citizen  of 
the  United  States,  and  unless  he  should  have  been  an  inhabitant  of  the 
State  for  three  years,  and  shall  have  resided  in  the  county  he  repre- 
sents, one  year  immediately  preceding  the  election,  and  shall  have  at- 
tained the  age  of  twenty-one  years. 

SEC.  8.  No  person  shall  be  eligible  to  a  seat  in  the  Senate  of  the 
General  Assembly,  unless  he  shall  be  a  citizen  of  the  United  Stales, 
and  have  resided  three  years  in  this  State,  and  one  year  in  the  county 
or  district  immediately  preceding  the  election,  and  have  attained  to 
the  age  of  thirty  years.  No  person  who  shall  be  elected  to  either 
House  of  the  General  Assembly,  shall  be  eligible  to  any  appointment 
to  be  made  by  the  Legislature,  or  Executive^  for  the  term  of  time  for 
which  he  shall  have  been  elected. 

SEC.  9.  The  Senate  and  House  of  Representatives,  when  assem- 
bled, shall  each  choose  a  Speaker  and  its  other  ofiicers,be  judges  of  the 


168 

qualifications  and  election  of  its  members,  and  sit  upon  its  own  adjourn- 
ments from  day  to  day.  Two  thirds  of  each  House  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  be  authorized  by  law  to  compel  the  attendance  of  ab- 
sent members. 

SEC.  10.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behaviour,  and,  with  the  concur- 
rence of  two  thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  offence  ;  and  shall  have  all  other  powers  necessary  for  the  Le- 
gislature of  a  free  State. 

SEC.  11.  Senators  and  Representatives  shall  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing the  session  of  the  General  Assembly,  and  in  going  to  and  return- 
ing from  the  same  ;  and,  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

SEC.  12.  Each  House  may  punish  by  imprisonment,  during  its 
session,  any  person  not  a  Member,  who  shall  be  guilty  of  disrespect 
to  the  House,  by  any  disorderly  or  contemptuous  behaviour  in  their 
presence. 

SEC.  13.  When  vacancies  happen  in  either  House,  the  Governor 
for  the  time  being,  shall  issue  writs  of  election  to  fill  such  vacancies. 

SEC.  14.  Neither  House  shall,  during  their  session,  adjourn  with- 
out consent  of  the  other  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SEC.  15.  Bills  may  originate  in  either  house,  but  may  be  amended, 
altered,  or  rejected,  by  the  other. 

SEC.  16.  Each  house  shall  mature  its  own  bills  before  transmis- 
sion to  the  other,  and  shall  be  read  once  on  three  different  days,  in 
each  House,  and  be  signed  by  the  respective  Speakers,  before  it  be- 
comes a  law. 

SEC.  17.  After  a  bill  has  been  rejected,  no  bill  containing  the  same 
substance  shall  be  passed  into  a  law  during  the  same  session. 

SEC.  1 8.  -  The  style  of  the  laws  of  this  State  shall  be,  Be  it  enacted 
by  the  General  Assembly  of  the  State  of  Tennessee. 

SEC.  19,  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  them,  except  such  parts  as  the  welfare  of  the  Stato  may  require 
to  be  kept  secret ;  and  the  yeas  and  m<ys  of  the  members  on  any  ques- 
tion shall,  at  the  request  of  any  two  of  them,  be  entered  on  the  jour- 
nals. 

SEC.  20.  The  doors  of  each  House  and  Committees  of  the  Whole, 
shall  be  kept  open,  unless  when  the  business  shall  be  such  as  ought  to 
be  kept  secret. 

SEC.  21.  The  members  of  the  first  Legislature  that  shall  sit  under 
this  Constitution,  shall  receive  as  a  compensation  for  their  services  the 
sum  of  dollars  per  day,  and  dollars  for  every  thirty  miles 

traveling  to  and  from  the  Seat  of  Government.  The  first  Legislature 
shall  fix  the  pay  of  the  succeeding  Legislature,  and  no  Legislature 
shall  fix  their  own  pay  :  but  the  same  shall  be  fixed  by  the  preceding 
Legislature. 


SEC.  22.  No  money  shall  be  drawn  from  the  Treasury,  but  in  con- 
sequence of  appropriations  made  bylaw. 

SEC.  23.  No  person,  who  heretofore  hath  been,  or  may  hereafter 
be,  a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either 
House  of  the  General  Assembly,  until  such  person  shall  have  account- 
ed for,  and  paid  into  the  treasury,  all  sums  for  which  he  may  be  ac- 
countable or  liable. 

SEC.  24.  No  Judge  cf  any  court  of  law  or  equity,  Secretary  of 
State,  Attorney  General,  Register,  Clerk  of  any  court  of  record,  or 
person  holding  any  office  under  the  authority  of  the  United  States, 
shall  have  a  seat  in  the  General  Assembly  ;  nor  shall  any  person  in  this 
State  hold  mere  than  one  lucrative  office  at  one  and  the  same  time  : 
Provided,  that  no  appointment  in  the  militia,  or  to  the  office  of  Justice 
of  the  Peace,  shall  be  considered  a  lucrative  office. 

SEC.  25.  No  member  of  the  General  Assembly  shall  be  eligible  to 
any  office  or  place  of  trust  during  the  time  for  which  he  was  elected, 
except  the  office  of  a  Justice  of  the  Peace,  or  trustee  of  any  literary 
institution,  where  the  power  of  appointment  to  such  office  or  place  of 
trust  is  vested  in  their  own  body. 

SEC.  26.  Any  member  of  either  House  of  the  General  Assembly 
shall  have  liberty  to  dissent  from,  and  protest  against,  any  act  or  re- 
solve which  he  may  think  injurious  to  the  public  or  any  individual,  and 
have  the  reasons  of  his  dissent  entered  on  the  journals. 

SEC.  27.  All  lands  held  by  deed,  grant,  or  entry,  slaves, bank  stock, 
and  such  other  property  as  the  Legislature  may  from  time  to  time  deem 
expedient,  shall  be  taxable.  All  property  to  be  taxed  according  to  its 
value  ;  that  value  to  be  ascertained  in  such  manner  as  the  Legislature 
shall  direct;  so  that  the  same  shall  be  equal  and  uniform  throughout 
the  State  :  Provided  that  no  one  species  of  property  ofF  of  which  a 
tax  may  be  collected,  shall  be  taxed  higher  than  any  other  species  of 
property  of  equal  value. 

SEC.  2$.  No  article  manufactured  of  the  produce  of  this  State, 
shall  be  taxed  otherwise  than  to  pay  inspection  fees. 

ARTICLE  II. 

SECTION  1.  The  Supreme  Executive  power  of  this  State,  shall  be 
vested  in  a  Governor. 

SEC.  2.  The  Governor  shall  be  chosen  by  the  electors  of  the 
members  of  the  General  Assembly,  at  the  times  and  places  where  they 
shall  respectively  vote  for  the  members  thereof.  The  returns  for  ev- 
ery election  for  Governor  shall  be  sealed  up,  and  transmitted  to  the  seat 
of  government,  by  the  returning  officers,  directed  to  the  Speaker  of 
the  Senate,  who  shall  open  and  publish  them  in  the  presence  of  a  ma- 
jority of  the  members  of  each  House  of  the  General  Assembly.  The 
person  having  the  highest  number  of  votes,  rhall  be  Governor;  but  if 
two  or  more  shall  be  equal,  and  highest  in  votes,  one  of  them  shall  be 
chosen  Governor  by  joint  vote  of  both  Houses  of  the  General  Assem- 


170 

bly.  Contested  elections  for  Governor  shall  be  determined  by  both 
Houses  of  the  General  Assembly,  in  such  manner  as  shall  be  prescrib- 
ed by  law. 

SEC.  3.  He  shall  be  at  least  thirty  years  of  age ;  he  shall  be  a  ci- 
tizen of  the  United  States,  and  shall  have  been  a  citizen  of  this  State 
seven  years  next  before  his  election,  unless  he  shall  have  been  absent 
on  the  public  business  of  the  United  States  or  of  this  State. 

SEC.  4.  The  first  Governor  shall  be  elected  at  the  general  elections 
on  the  first  Thursday  in  August,  1835  :  And  shall  hold  his  office  for  three 
years,  and  until  another  Governor  shall  be  elected  and  qualified  to 
office.  And  forever  thereafter,  the  Governor  shall  hold  his  office  for 
two  years,  and  until  another  Governor  shall  be  elected  and  qualified; 
but  shall  not  be  eligible  more  than  six  years  in  any  terra  of  eight. 

SEC.  5.  He  shall  be  Commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

SEC.  6.  He  shall  have  power  to  grant  reprieves  and  pardons,  af- 
ter conviction,  except  in  cases  of  impeachment. 

Sc,  7.  He  shall,  at  stated  times,  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  during  the  period 
for  which  he  shall  have  been  elected. 

SEC.  8.  He  may  require  information  in  writing,  from  the  officers  in 
the  Executive  Department,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices. 

SEC.  9.  He  may,  on  extraordinary  occasions,  convene  the  Gene- 
ral Assembly,  by  proclamation  ;  and  shall  state  to  them,  when  assem- 
bled, the  purposes  for  which  they  shall  have  been  convened  ;  but  when 
so  convened,  they  shall  enter  on  no  legislative  business,  except  that 
for  which  the  Legislature  were  specially  called  together,  by  the  Gov- 
ernor. 

SEC.  10.     He  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  11.  He  shall,  from  time  to  time,  give  to  the  General  Assem- 
bly, information  of  the  state  of  the  government,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  expedient. 

SEC.  12.  In  case  of  his  death,  resignation,  or  removal  from  office, 
the  Speaker  of  the  Senate  shall  exercise  the  office  of  Governor,  and 
incase  of  his  death,  removal  or  resignation,  then  the  Speaker  of  the 
House  of  Representatives. 

SEC.  13.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States  or  this  State,  shall  execute  the  office  of  Gov- 
ernor. 

SEC.  14.  When  any  officer,  the  right  of  whose  appointment,  is  by 
this  constitution  vested  in  the  General  Assembly,  shall,  during  the  re- 
cess, die,  or  his  office  by  other  means  become  vacant,  the  Governor 
shall  have  the  power  to  fill  up  such  vacancy  by  granting  a  temporary 
commission,  which  shall  expire  at  the  end  of  the  next  session  of  the 
Legislature. 

SEC.  15.     There  shall  be  a  Seal  of  this  State,  which  shall  be  kept 


171 

by  the  Governor  and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Tennessee. 

SEC.  16.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authority  of  the  State  of  Tennessee,  be  sealed  with  the  State 
Seal,  and  signed  by  the  Governor. 

SEC.  17.  A  Secretary  of  this  State  shall  be  appointed  and  commis- 
sioned during  the  term  of  four  years  :  he  shall  keep  a  fair  register  of 
all  the  official  acts  and  proceedings  of  the  Governor;  and  shall,  when 
required,  lay  the  same,  and  all  papers,  minutes  and  vouchers  relative 
thereto,  before  the  General  Assembly  :  and  shall  perform  such  other 
duties  as  shall  be  enjoined  by  law. 

ARTICLE  III. 

SECTION  1.  Every  free  man  of  the  age  of  twenty-one  years  and 
upwards,  being  a  citizen  of  the  United  States,  and  an  inhabitant  of  the 
county  of  this  State  wherein  he  may  offer  his  vote,  six  months  immedi- 
ately preceding  the  day  of  election,  shall  be  entitled  to  vote  for  gover- 
nor, members  to  congress,  and  shall  be  entitled  to  vote  for  members  of 
the  General  Assembly  and  other  civil  officers,  for  the  county  in  which 
he  may  reside/ 

Laws  may  be  passed  excluding  from  the  right  of  suffrage  persons 
who  may  be  convicted  of  infamous  crimes. 

SEC.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  a 
breach  of  the  peace,  be  privileged  from  arrest  or  summons  during 
their  attendance  at  elections,  and  in  going  to  and  returning  from  them. 

SEC.  3.     Ail  elections  shall  be  viva  voce. 

ARTICLE  IV. 

SEC.  1.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

SEC.  2.  The  sole  power  of  impeachment  of  such  officers  as  are 
hereinafter  declared  to  be  impeachable,  shall  be  in  the  House  of  Re- 
presentatives. 

To  constitute  a  court  for  the  trial  of  impeachments,  the  Senate  shall 
appoint  three  men  of  law  talents  and  good  character,  who  shall  assem- 
ble in  the  county,  circuit,  or  district  where  the  crimes  for  which  the 
party  stands  impeached  is  alleged  to  have  been  committed,  and  at  such 
time  and  place  as  the  Legislature  shall  direct  or  appoint;  and  said 
three  persons  shall  constitute  a  court,  and  shall  be  vested  with  all  the 
power  and  jurisdiction  appertaining  to  a  common  law  court:  and  a  ju- 
ry shall  be  selected  from  the  county,  circuit,  or  district,  or  from  the 
adjoining  counties,  in  such  manner  as  the  Legislature  shall  prescribe; 
and  when  said  court  shall  be  organized  and  said  jury  shall  be  empan- 
nelled,the  party  impeached  shall  be  tried  according  to  the  laws  of  tbe 
land;  provided  nevertheless,  the  mode  of  trial  by  impeachment  shall 
not  be  resorted  to,  unless  in  the  opinion  of  the  House  of  Representa- 


172 

lives,  the  party  shall  have  committed  such  crime  as  ought  to  operate 
as  a  total  disqualification  to  ever  holding  any  other  appointment  under 
he  laws  of  this  State. 

SEC.  3,  The  Governor,  Judges  of  the  supreme  court,  Judges  of 
the  circuit  court,  Chancellors,  Attorneys  General,  and  Secretary  of 
State,  shall  be  liable  to  impeachment,  and  shall  be  tried  by  said  court, 
whenever  they  may,  in  the  opinion  of  the  House  of  Representatives, 
commit  any  crime  in  their  official  capacity,  which  may  require  disqua- 
lification, but  said  judgment  shall  only  extend  to  removal  from  office, 
and  disqualification  to  accept  of  office  thereafter.  The  party  shall  ne- 
vertheless be  liable  to  indictment,  trial,  arid  judgment  according  to 
law. 

SEC.  5.  All  other  civil  officers  of  the  State,  not  hereinafter  men- 
tioned, for  misdemeanors  in  office,  shall  be  liable  to  indictment  in  such 
court  or  courts,  as  the  Legislature  may  direct,  and  upon  conviction, 
shall  be  removed  from  office  by  said  court,  in  the  same  way,  as  if 
found  guilty  on  impeachment. 

ARTICLE  V. 

SECTION  1.  The  judicial  power  of  this  State,  shall  be  vested  in 
a  supreme  court,  which  shall  be  composed  of  three  judges,  one  of 
whom  shall  be  elected  from,  and  reside  in  each  of  the  grand  divisions 
of  the  State,  and  shall  have  appellate  jurisdiction  only,  except  such 
jurisdiction,  other  than  appellate,  as  said  court  has  now  by  law,  and  the 
concurrence  of  two  of  said  judges,  shall,  in  every  case,  be  necessary 
to  a  decision,  and  such  inferior  courts,  as  the  legislature  shall  from 
time  to  time,  ordain  and  establish. 

SEC.  2.  The  General  Assembly  shall,  by  joint  vote  of  both  houses, 
appoint  judges  of  the  several  courts  of  law  and  equity. 

Judges  of  the  supreme  court  shall  be  thirty  five  years  of  age. 

Judges  may  be  removed  from  office  by  a  concurrent  vote  of  both 
houses  of  the  General  Assembly,  each  house  voting  separately;  but 
two- thirds  of  all  the  members  elected  to  both  houses  must  concur  in' 
such  vote;  the  vote  shall  be  determined  by  ayes  and  noes,  and  the 
names  of  the  members  voting  for  or  against  the  judge  shall  be  entered 
on  the  journals  of  each  house,  respectively. 

Judges  of  the  supreme  court  shall  be  elected  for  the  term  of  twelve 
years,  and  be  re-eligible;  but  the  first  Legislature  shall  class  them 
into  three  classes,  and  so  provide  that  they  shall  go  out  of  office  alter- 
nately; so  that  the  first  class  shall  go  out  of  office  at  the  end  of  four 
years;  the  second  class  at  the  end  of  eight  years;  and  the  third  class 
at  the  end  of  twelve  years. 

The  judges  of  such  inferior  courts  as  the  Legislature  may  establish, 
shall  be  elected  for  the  term  of  eight  years,  and  to  be  eligible,  shall 
be  thirty  years  of  age. 

The  Legislature  shall  elect  attorneys  for  the  State,  who  shall  held 
their  respective  offices  for  the  term  of  six  years,  and  shall  be  re- 
eligible. 


173 

That  in  all  cases  where  an  attorney  general  for  any  district  fails  or 
refuses  to  attend  and  prosecute  according  to  law,  then  and  in  that  case, 
the  court  shall  have  power  to  appoint  an  attorney  general  pro  tern.,  for 
such  absence  or  refusal  for  any  term. 

That  an  attorney  general  shall  be  appointed  by  joint  vote  of  both 
houses  of  the  General  Assembly,  whose  duty  it  shall  be  to  attend  the 
supreme  courts,  and  conduct  all  causes  on  the  part  of  the  State,  and 
shall  report  the  decisions  of  the  supreme  courts,  for  which  he  shall  re- 
ceive such  compensation  as  the  legislature  may  allow,  and  shall  hold 
his  office  for  the  term  of  six  years,  and  be  re-eligible. 

SEC.  3.  The  judges  of  the  supreme  and  inferior  courts  shall  at 
stated  times  receive  a  compensation  for  their  services  to  be  ascertained 
by  law,  which  shall  not  be  increased  or  diminished  during  the  time  for 
which  they  shall  have  been  elected,  but  shall  not  be  allowed  any  fees 
or  perquisites  of  office,  nor  shall  they  hold  any  other  office  of  trust  or 
profit  under  this  State  or  the  United  States. 

SEC.  4.  The  judges  of  the  circuit  courts  or  such  courts  as  the  Le- 
gislature may  establish  in  their  stead,  shall  have  general  jurisdiction 
in  all  cases  civil  and  criminal,  and  also  be  conservators  of  the  peace 
throughout  the  State. 

SEC.  5.  Judges  shall  not  charge  juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

SEC.  6.  The  judges  of  the  circuit  courts  or  such  courts  as  the  Le- 
gislature may  establish  in  their  stead,  shall  have  power  in  all  civil 
cases  to  issue  writs  of  certiorari  to  remove  any  cause  or  transcript 
thereof  from  any  inferior  jurisdiction  into  said  court  or  courts  to  be 
established,  on  sufficient  cause  supported  by  oath  or  affirmation.  And 
the  Legislature  shall  regulate  the  granting  of  appeals  in  such  manner 
as  justice  may  require. 

SEC.  7.  The  judges  or  justices  of  the  inferior  courts  of  law  shall 
have  power,  in  ail  civil  cases,  to  issue  writs  of  certiorari,  to  remove 
any  cause,  or  a  transcript  thereof,  from  any  inferior  jurisdiction,  into 
their  court,  on  sufficient  cause  supported  by  oath  or  affirmation. 

SEC.  8.  No  judge  of  the  supreme  or  inferior  courts,  shall  preside 
on  the  trial  of  any  cause  where  the  parties  shall  be  connected  with 
him  by  affinity  or  consanguinity,  within  such  degrees  as  may  be  pre- 
scribed by  law,  or  of  which  he  may  have  been  of  counsel,  or  in  which 
he  may  have  presided  in  any  inferior  court,  except  by  consent  of  all 
the  parties. 

In  case  all  or  any  of  the  judges  of  the  supreme  court  shall  be  inte- 
rested in  the  event  of  any  cause,  or  related  to  all  or  either  of  the  par- 
ties, the  court  shall  ceitify  such  case  or  cases  to  the  governor  of  the 
State,  and  he  shall  forthwith  specially  commission  the  requisite  num- 
ber of  men  of  law  knowledge,  to  try  and  determine  such  cases  as  the 
courts  may  be  disqualified  to  try  and  determine. 

SEC.  9.  All  writs  and  other  process  shall  run,  in  the  name  of  the 
State  of  Tennessee,  and  bear  test  and  be  signed  by  the  respective 
clerks.  Indictments  shall  conclude,  against  the  peace  and  dignity  oj 
th€  State. 


174 

SEC.  10.     Judges  of  the  supreme  court  shall  appoint  their  clerks, 
who  shall  hold  their  offices  for  the  period  of  six  years. 
r    Chancellors  (if  any  such  court  he  established)  shall  appoint  their 
clerks,  who  shall  hold  their  offices  for  the  period  of  six  years. 

Clerks  of  such  inferior  courts  as  may  be  hereafter  established, 
which  shall  be  required  to  be  holden  in  the  respective  counties  of  this 
State,  shall  be  elected  by  the  qualified  voters  thereof,  and  shall  hold 
their  offices  for  the  term  of  four  years  and  be  re-eligible,  and  shall  be 
removed  from  office  for  malfeasance  or  neglect,  in  such  manner  as  may 
be  prescribed  by  law. 

SEC.  11.  No  fine  shall  be  laid  on  any  citizen  of  this  State  that  shall 
exceed  fifty  dollars,  unless  it  shall  be  assessed  by  a  jury  of  his  peers, 
who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they  think  the 
fine  should  be  over  fifty  dollars. 

SEC.  12.  The  different  counties  in  this  State  shall  be  laid  off  as  the 
General  Assembly  may  direct,  into  districts  of  convenient  size,  so  that 
the  whole  number  in  each  county  shall  not  be  less  than  ten  nor  more 
than  twenty-five,  or  four  for  every  one  hundred  square  miles.  There 
shall  be  two  justices  of  the  peace  and  one  constable  elected  for  each 
district  by  the  qualified  voters  therein,  except  districts  including  county 
towns,  which  shall  elect  two  constables.  The  justices  of  the  peace 
shall  be  elected  for  the  term  of  six  and  the  constables  for  the  term  of 
two  years.  And  upon  the  removal  of  either  of  said  officers  from  the 
district  for  which  he  was  elected,  his  office  shall  become  vacant  from 
the  date  of  such  removal. 

ARTICLE   VI. 

SEC.  1.  There  shall  be  one  sheriff  elected  in  each  county,  by  the 
qualified  voters  therein,  for  the  term  of  two  years:  Provided,  that  no 
person  shall  be  eligible  to  the  office  of  sheriff  more  than  four  years  in 
any  term  of  six  years:  And  provided  also,  that  said  officer  shall  be 
removed  for  malfeasance  or  neglect  in  office,  in  such  manner  as  may  be 
prescribed  by  law. 

There  shall  be  elected  in  each  county,  by  the  qualified  voters  there- 
in, one  trustee  and  one  register — the  trustee  for  two  and  the  register 
for  four  years,  and  both  re-eligible. 

There  shall  be  elected  for  each  county,  by  the  justices  of  the  peace 
therein,  one  coroner  and  one  ranger,  to  hold  their  offices  for  two  years, 
and  be  re-eligible. 

SEC.  2.  There  shall  be  a  treasurer  or  treasurers  appointed  for  the 
State,  who  shall  hold  his  or  their  offices  for  two  years. 

SEC.  3.  The  election  of  all  other  officers  not  otherwise  directed  by 
this  Constitution,  shall  be  made  in  such  manner  as  the  Legislature  shall 
direct. 


175 


ARTICLE  VII. 

SECTION  1.     All  militia  officers  shall  be  elected  by  persons  subject 

military  duty,  within  the  bounds  of  their  several  companies,  batal- 
lions,  regiments,  brigades,  and  divisions,  under  such  rules  and  regula- 
tions as  the  Legislature  may,  from  time  to  time,  establish  and  direct. 

SEC.  2.  The  governor  shall  appoint  tbe  adjutant  general;  the  ma- 
jors general  shall  appoint  their  aids;  the  brigadiers  general  shall  ap- 
point their  brigade  majors;  and  the  commanding  officers  of  regiments 
their  adjutants  and  quarter  masters. 

SEC.  3.  Company  and  field  officers  of  the  cavalry  shall  be  elected 
by  the  troops  under  their  respective  commands:  Provided,  that  when- 
ever any  new  county  is  laid  off,  the  field  officers  of  the  said  cavalry 
shall  appoint  the  captain  and  other  officers  therein,  pro  tem.y  until 
the  company  is  filled  up  and  completed ;  at  which  time  the  election  of 
the  captain  and  subalterns  shall  take  place  as  aforesaid. 

SEC.  4.  The  Legislature  shall  pass  laws,  exempting  citizens  be- 
longing to  any  sect  or  denomination  of  religion,  the  tenets  of  which 
are  known  to  be  opposed  to  the  bearing  of  arms,  from  attending  pri- 
vate and  general  musters. 


ARTICLE  VIII. 


SECTION  1.  Whereas  ministers  of  the  gospel  are  by  their  profession 
dedicated  to  God,  and  the  care  of  souls,  and  ought  not  to  be  diverted 
from  the  great  duties  of  their  functions;  therefore  no  minister  of  the 
Gospel,  or  priest  of  any  denomination  whatever,  shall  be  eligible  to  a 
seat  in  either  house  of  the  Legislature. 

SEC.  2.  No  person  who  denies  the  being  of  a  God,  or  a  future  state 
of  rewards  and  punishments,  shall  hold  any  office  in  the  civil  depart- 
ment of  this  State. 

SEC.  3.  Any  person  being  a  citizen  of  this  State,  or  a  resident 
therein,  who  shall,  after  the  adoption  of  this  constitution,  fight  a  duel, 
or  knowingly  be  the  bearer  of  a  challenge  to  fight  a  duel,  or  send  or  ac- 
cept a  challenge  for  that  purpose,  or  be  an  aider  and  abettor  in  fight- 
ing a  duel,  shall  be  deprived  of  all  the  rights  and  privileges  of  citizen- 
ship in  this  State. 

ARTICLE  IX. 

SECTION  1.  That  every  person  who  shall  be  chosen  or  appointed 
to  any  office  of  trust  or  profit  nndcr  this  constitution,  or  any  law  made 
in  pursuance  thereof,  shall,  before  entering  on  the  duties  thereof,  take 
an  oath  to  support  the  Constitution  of  this  State  and  of  the  United 
States,  an  oath  of  office,  and  also  the  following:  "I  (A  B)  do  solemnly 
swear,  (or  affirm)  that  I  have  not  either  directly  or  indirectly,  given, 
promised  or  bestowed  any  gift  or  reward  in  meat,  drink,  money,  or 


176 

otherwise,  to  be  elected  to  the  office,  upon  the  discharge  of  the  du- 
ties of  which,  I  am  now  about  to  enter." 

SEC.  2.  That  each  member  of  the  Senate  and  House  of  Repre- 
sentatires,  shall  before  they  proceed  to  business  take  an  oath  or  affir- 
mation, to  support  the  Constitution  of  this  State,  and  also  the  following 

oath:  Cil do  solemnly  swear,  (or  affirm )  that  as  a  member  of  this 

General  Assembly,  I  will  in  all  appointments,  vote  without  favor,  af- 
fection, partiality,  or  prejudice;  and  that  I  will  not  propose  or  assent 
to  any  bill,  vote,  or  resolution,  which  shall  appear  to  me  injurious  to 
the  people,  or  consent  to  any  act,  or  thing  whatever,  that  shall  have  a 
tendency  to  lessen  or  abridge  their  rights  and  privileges,  as  declared 
t>y  -the  Constitution  of  this  State. 

SJEC<  3  Any  elector  who  shall  receive  any  gift  or  reward  for  his 
vote,  in  meat,  drink,  money,  or  otherwise,  snail  suffer  such  punish- 
ment as  the  laws  shall  direct. 

And  any  person  who  shall  directly  or  indirectly,  give,  promise  or 
bestow,  any  such  reward,  to  be  elected,  shall  thereby  be  rendered  in- 
capable for  six  years,  to  serve  in  the  office  for  which  he  was  elected, 
and  be  subject  to  such  further  punishment  as  the  Legislature  shall 
direct. 

SEC.  4.  New  counties  may  be  established  by  the  Legislature  to 
consist  of  no  less  than  four  hundred  square  miles;  and  such  new  coun- 
ty not  to  approach  the  court  house  of  an  old  county  or  counties  nearer 
than  twelve  and  one-half  miles,  or  reduce  the  size  of  such  older  coun- 
ty or  counties  to  less  than  six  hundred  and  twenty-five  square  miles, 
except  in  such  special  cases,  (if  any)  as  may  hereinafter  be  provided 
for  by  this  Constitution. 

No  part  of  an  old  county  cr  counties  shall  be  taken  off  to  form  part 
of  a  new  one,  without  the  consent  of  a  majority  of  the  qualified  vot- 
ers of  such  part  of  the  old  county  or  counties. 

ARTICLE  X. 

SECTION  I.  All  laws  and  ordinances  now  in  force  and  use  in  this 
State,  not  inconsistent  with  this  Constitution,  shall  continue  in  force 
and  use  in  this  State,  until  they  shall  expire,  be  altered  or  repealed 
by  the  Legislature. 

SEC.  2.  Any  amendment  or  amendments  to  this  Constitution,  may 
be  proposed  in  the  Senate  or  House  of  Representatives;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to 
each  of  the  two  Houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  with  the  yeas  and  nays  thereon, 
and  referred  to  the  General  Assembly  then  next  to  be  chosen;  and 
shall  be  published  for  six  months  previous  to  the  time  of  making  such 
choice.  And  if  in  the  General  Assembly  next  chosen  as  aforesaid, 
such  proposed  amendment  or  amendments  shall  be  agreed  to  by  two- 
thirds  of  all  the  membei selected  to  each  House,  then  it  shall  be  the 
duty  of  the  General  Assembly  to  submit  such  proposed  amendment 


177 

or  amendments  to  the  people,  in  such  manner  and  at  such  time  as  the 
General  Assembly  shall  prescribe.  And  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments  by  a  majority  of  all  the 
citizens  of  the  State,  voting  for  representatives,  voting  in  their  favor, 
such  amendment  or  amendments  shall  become  part  of  this  Constitution. 

When  any  amendment  or  amendments  to  the  Constitution  shall 
be  proposed  in  pursuance  of  the  foregoing  provisions,  no  other  shall 
be  proposed  by  a  subsequent  Legislature  until  the  first  have  been  fi- 
nally disposed  of  by  ratification  or  rejection:  provided,  that  the  said 
proposed  amendment  or  amendments  shall  at  each  of  the  said  sessions 
have  been  read  three  times  on  three  several  days  in  each  House: 
and,  provided  further,  that  the  Legislature  shall  not  propose  to  the 
people  amendments  to  the  Constitution,  oftener  than  once  in  six  years. 

SEC.  3.  The  Declaration  of  Rights  hereto  prefixed,  is  declared 
to  be  a  part  of  the  Constitution  of  this  State,  and  shall  never  be  vio- 
lated on  any  pretence  whatever.  And  to  guard  against  transgression 
of  the  high  powers  we  have  delegated,  we  declare  that  every  thing 
in  the  Bill  of  Rights  contained,  is  excepted  out  of  the  general  powers 
of  government,  and  shall  forever  remain  inviolate. 

SCHEDULE. 

SECTIOX  1.  That  no  inconvenience  may  arise  from  a  change  of 
the  Constitution,  it  is  declared,  that  all  laws  now  in  force  arid  use  in 
this  State,  all  officers  of  every  denomination,  whether  civil  or  milita- 
ry, and  all  the  functions  appertaining  to  any  of  the  officers  in  any  of 
the  departments  of  the  government,  whether  civil  or  military,  shall 
be  exercised  and  performed  according  to  the  existing  laws  and  Con- 
stitution, until  the  end  of  the  first  session  of  the  General  Assembly, 
which  shall  sit  under  this  Constitution,  and  their  successors  elected 
and  qualified;  and  until  the  government  can  be  re-organized  and  put 
into  operation  under  this  Constitution,  in  such  manner  as  the  first  Gen- 
eral Assembly  aforesaid  shall  prescribe. 

SEC.  2.  Until  a  land  office  shall  be  opened,  so  as  to  enable  the 
citizens  south  and  west  of  the  Congressional  reservation  line,  to  ob- 
tain titles  upon  their  claims  of  occupancy,  those  who  hold  lands  by 
virtue  of  such  claims,  shall  be  eligible  to  serve  in  all  capacities,  where 
a  freehold  is  by  the  laws  of  the  State,  made  a  requisite  qualification. 

And  the  committee  ask  to  be  discharged  from  the  further  conside- 
ration of  the  subjects  referred  to  them  for  examination. 
All  which  is  respectfully  submitted : 

JXEWTON  CANNON,  Chairman. 

On  motion  of  Mr.  LEDBETTER, 

Ordered,  That  one  hundred  and  twenty  copies  of  the  foregoing  Re- 
port be  printed  for  the  use  of  the  Convention. 

Mr.  HUNTSMAN  submitted  the  following,  in  lieu  of  the  resolution 
heretofore  s  ibmitted  by  him,  (to  wit :) 

P 


178 

Resolved,  That  the  Legislature  shall  so  provide  that  the  election  of 
such  county  and  other  officers,  as  shall  be  given  to  the  people  by  this 
Constitution,  shall  not  take  place  at  the  same  time  that  the  general  e- 
lections  are  held  for  members  of  Congress,  members  of  the  Legisla- 
ture, and  ior  Governor. 

Mr.  FULTON  moved  to  strike  out  the  word  "shall,"  for  the  purpose 
of  inserting  the  word  "may,"  so  as  to  leave  it  discretionary  with  the 
Legislature;  which  motion  was  rejected. 

The  resolution  was  thereupon  adopted  without  amendment, 
Mr  HUNTSMAN  also  submitted  the  following : 

Resolved,  That  all  contested  elections  which  may  arise  under  the 
new  Constitution  (either  for  seats  in  the  Legislature  or  for  other  of- 
fices) shall  be  tried  and  determined  in  the  county  or  district  where 
said  contests  may  arise;  by  such  courts  of  law  or  equity  as  the  Legis- 
lature shall  provide. 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table,  be- 
ing suspended  on  motion  of  Mr.  HUNTSMAN,  the  said  resolution  was 
adopted. 

Mr.  NELSON  submitted  the  following  : 

Whereas,  it  is  important  that  this  Convention  should  bring  its  laboi 
to  a  close  as  soon  as  possible,  consistently  with  a  proper  regard  to  th( 
safe  and  correct  discharge  oi  its  duty;  therefore, 

Resolved^  That  so  soon  as  the  basis  of  Representation  is  finally  set- 
tled, a  Committee  consisting  of  one  from  each  Senatorial  district,  be 
appointed  for  the  purpose  of  laying  off  the  Senatorial  and  Represent- 
ative districts  in  this  State,  and  that  said  Committee  report  to  this 
Convention. 

And  the  rule  being  suspended,  said  resolution  was  adopted. 
Mr.  HUNTSMAN  submitted  the  following : 

Resolved,  That   the  Constitution  be  so  amended,  that  all  the  funds 
which  have  been  heretofore  appropriated,  and  all  that  may  be  hereaf- 
ter appropriated,  to  the  purposes  of  Education,  shall  not  be  diverted 
by  the  Legislature  to  any  other  purpose  whatever. 
Mr.  WJEAKLEY  submitted  the  following  : 

Resolved,  That  a  Comptroller  of  Public  Accounts  shall  be  bienni- 
ally appointed  by  the  General  Assembly,  who  shall  settle  and  adjust 
all  public  accounts  and  demands,  except  grants  and  orders  of  the  Gen- 
eral Assembly.  He  shall  prescribe  the  mode  of  keeping  and  render- 
ing all  public  accounts  ;  he  shall  be  ex  ojfflcio  one  of  the  Auditors  of 
the  accounts  of  the  Treasurer  resident  at  the  Seat  of  Government, 
and  of  other  district  Treasurers  of  the  State.  The  General  Assem- 
bly may  assign  to  him  tther  duties  in  relation  to  his  office,  and  to  that 
of  the  Treasurer,  and  shall  prescribe  the  manner  in  which  his  duties 
shall  be  performed  ;  and  a  statement  of  all  receipts,  payments,  funds, 
State  and  county  taxes  and  debts  of  the  State,  shall  be  published,  from 
time  to  time,  in  such  manner  and  at  such  periods  as  shall  be  prescrib- 
ed by  law,  and  particularly  at  each  stated  session  of  the  General  As- 
sembly. 


179 


In  lieu  of  which  Mr.  LESEETTER  called  up  and  offered  the  follow- 
ing resolution,  heretofore  submitted  by  him,  to  wit: 

Resolved,  That  there  shall  be  appointed  by  the  General  Assembly, 
an  Auditor  of  Public  Accounts  for  the  State,  who  shall  perform  such 
duties  as  may  be  required  of  him  bylaw,  and  shall  hold  his  office  for 
years. 

Which  was  accepted  in  lieu  of  Mr.  WEAKLEY'S,  and  adopted. 

Mr.  JOHN  A.  M'KINNEY  submitted  the  following  : 

Resolved,  That  the  Secretary  of  State  shall  be  ex  qfficio  the  Comp- 
troller or  Auditor  of  Public  Accounts,  and  it  shall  be  his  duty  to  settle 
all  public  accounts  relating  to  the  revenue  of  the  State,  and  to  make 
a  report  to  the  Governor  of  the  State  at  the  end  of  each  year,  and  to 
the  Legislature  at  each  stated  Session  ;  which  report  shall  be  laid  be- 
fore the  community  by  immediate  publication. 

And  also  the  following : 

Resolved,  That  it  is  expedient  that  the  Legislature  should  have  a 
regular  session  once  in  three  years  only. 

Mr.  BLOUNT  submitted  the  following  resolutions  . 

1st.  Resolved,  That  within  five  years  after  the  adoption  of  this  Con- 
stitution, the  body  of  our  laws,  civil  and  criminal,  shall  be  revised,  di- 
gested and  arranged,  under  proper  heads,  and  promulgated  in  such 
manner  as  the  General  Assembly  may  direct ;  and  that  a  like  revision, 
digest,  and  promulgation  of  our  laws,  shall  be  made  within  every  sub- 
sequent period  of  lifteen  years. 

2d.  Resolved,  That  no  act  of  the  General  Assembly  or  joint  vote, 
or  resolve  of  that  body,  except  the  vote  for  the  adjournment  of  the 
Legislature,  sim  die,  shall  be  in  force  until  it  shall  have  been  publish- 
ed in  print  and  distributed  as  the  law  directs,  unless  in  cases  of  emer- 
gency, which  emergency  shall  be  expressed  therein. 

3d.  Resolved,  That  the  Legislature  shall  regulate  by  law,  the  cases 
in  which  deductions  shall  be  made  from  the  salaries  of  public  officers, 
for  neglect  of  duty  in  their  official  capacity,  and  fix  the  rate  of  deduc- 
tion to  be  made. 

4th.  Resolved,  That  the  returns  of  all  general  elections  by  the 
people,  and  particularly  those  for  Governor,  and  for  members  of  the 
Legislature,  shall  be  made  to  the  Secretary  of  State,  who  shall  file 
the  same  in  his  office  for  the  inspection  of  the  Legislature,  in  case  of 
contested  elections. 

5th.  Resolved,  That  the  Legislature  be  authorized  and  required  to 
provide  by  law  for  the  election  by  the  county  courts  of  the  several 
counties  in  this  State,  of  one  competent  accountant,  whose  sole  and 
exclusive  business  shall  be  to  take  cognizance  of  the  accounts  of  ex- 
ecutors, administrators,  guardians  and  trustees  of  the  estates  of  de- 
ceased persons  of  the  county,  to  settle  all  such  accounts  with  them, 
and  make  due  settlements  of  such  accounts,  and  report  the  same  to 
the  county  court  in  due  time  for  final  adjustment  and  allowance  of  them 
by  said  court.  And  that  said  commissioner  be  appointed  for  two 
s,  act  under  an  oath  of  office,  to  discharge  the  duties  thereof 


years 


180 

faithfully;  and  that  he  be  allowed  such  fees  as  may  be  allowed  by  law, 
to  be  paid  by  said  executors,  administrators,  guardians  or  trustees  of 
such  estates  ;  and  that  his  said  reports  be  examined  by  the  county 
courts,  be  filed  and  recorded  by  the  county  court  clerk,  in  a  well  bound 
book  to  be  kept  for  that  purpose. 

And  the  rule  being  suspended,  said  resolutions  were  severally  read 
and  rejected. 

Mr.  BLOUNT  also  submitted  the  following  : 

Resolved,  That  no  Lottery  shall  hereafter  be  permitted  in  this  State, 
and  the  Legislature  shall  pass  laws  to  prevent  the  sale  of  all  or  any 
lottery  tickets,  and  also  to  prevent  all  or  any  such  species  of  swin- 
dling or  gambling  in  this  State;  except  lotteries  and  tickets  already 
provided  for  by  law. 

Which  was  read,  and  on  motion  of  Mr.  LEDBETTEH,  ordered  to  the 
table. 

The  Report  made  on  yesterday  by  Mr.  HUMPHREYS  from  the  Com- 
mittee of  private  and  local  Legislation,  was  on  motion  of  Mr.  Ledbet- 
ter  taken  up,  read  and  concurred  with. 
Mr.  SMITH  suomitted  the  following  : 

"Whereas  this  Convention  was  called  at  a  season  of  the  year  unu- 
sual for  assembling  of  a  deliberative  body  in  this  State,  and  the  weath- 
er being  now  oppressively  warm,  it  is  deemed  dangerous  and  unsafe 
for  this  Convention  to  sit  for  the  transaction  of  business,  especially  as 
the  cholera  is  making  advances  daily  towards  us,  and  we  know 
not  nor  can  we  even  conjecture  what  day  or  hour  we  may  be  exposed 
to  the  ravages  of  that  latal  disease,  even  should  we  escape  the  ordi- 
nary diseases  of  the  climate  at  this  season  of  the  year  ;  and  \\hereas, 
also,  some  of  the  members  are  now  indisposed,  and  daily  becoming 
more  and  more  enfeebled,  and  one  has  not  been  able  to  attend  to  the 
duties  of  his  station  for  several  weeks  and  others  have  sick  families 
at  home;  and  whereas,  we  have  now  gone  through  the  Constitution 
in  committee  of  the  whole;  have  given  that  instrument  a  patient,  at- 
tentive, and  laborious  investigation,  and  have  agreed  upon  the  most 
essential  changes  which  it  is  designed  to  effect  in  that  instrument,  so 
as  thereby  to  afford  an  opportunity  to  our  fellow-citizens  to  judge  of 
our  labors  ;  and  deeming  it,  as  we  do,  of  vastly  more  importance  to 
the  people  of  Tennessee,  that  we  should  present  them  a  good  Consti- 
tution at  a  future  day,  than  one  greatly  defective,  as  must  necessarily 
be  the  case  under  existing  circumstances ;  and  whereas  also  an  ad- 
journment will  not  be  productive  of  any  increased  expense  to  the 
State,  as  we  could  progress  much  faster  with  our  business  at  a  more 
healthy  season  of  the  year  ;  Therefore, 

Resolved,  That  this  Convention  will  adjourn  to  meet  on  the 
day  of  next,  for  the  purpose  of  finishing  our  labors 

at  a  season  of  the  year  when  it  is  presumed  that  the  unfavorable  cir- 
cumstances with  which  we  are  now  surrounded  will  not  exist. 

On  motion  of  Mr.  KINCANNON,  the  resolution  heretofore  submitted 
by  him,  providing  ''that  no  Legislature  hereafter  to  convene  shall  have 


181 

power  to  grant  any  charter  conferring  any  banking  privileges,  unless 
the  whole  capital  stock  of  the  same  shall  be  taken  and  owned  exclu* 
sively  and  entirely  by  the  State," 

Was  taken  up  and  read  ;  and  was  rejected. 

Mr.  GARRETT  moved  to  take  up  and  consider  the  resolution  submit- 
ted by  him  on  the  29th  of  June,  providing  that  the  Legislature  shall 
not  have  power  to  charter  banks,  and  for  other  purposes  ;  which  mo- 
tion prevailing,  the  said  resolution  was  thereupon  taken  up  and  read. 

Mr.  SMITH  moved  a  division,  so  as  to  test  the  sense  of  the  Conven- 
tion on  each  proposition  beparately  ;  which  prevailing,  the  first  pro- 
vision in  said  resolution  was  read. 

Mr  KINCAID  moved  to  amend  by  providing  that  the  property  of  in- 
dividual stockholders  should  be  bound  for  the  redemption  of  the  notes 
of  the  Bank  to  the  amount  of  their  stock,  only  ;  which  motion  pre- 
vailed. 

The  first  branch  was  then  read  as  follows,  to  wit : 

"That  the  General  Assembly  shall  have  no  power  to  pass  any  law 
chartering  any  bank,  company  or  corporation,  with  authority  to  issue 
bills  or  notes,  or  contract  debts  in  their  corporate  or  company  capaci- 
ty, without  making  each  stockholder  liable  in  his  individual  property 
to  the  full  amount  of  the  stock  which  may  be  owned  by  him  in  the  said 
bank." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt 
the  said  first  branch?"  and  determined  in  the  negative;  ayes  21,  noes 
22 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter,)  Armstrong,  Bradshaw,  Cannon,  Cheat- 
ham,  Garrett,  Hodges,  Hill,  Kincannon,  Kincaid,  Kendall,  McClellan, 
McGaughey,  Neil,  Richardson,  Robertson3Stephenson,  Senter,  Smartt, 
Sharp,  and  Webster— 21. 

Those  who  voted  in  the  negative  are, 

Messrs.  Alexander,  Blount,  Childress,  Cahal,  Cobbs,  Cross,  Fulton, 
Fogg,  Giilespy,  Gray,  Huntsman,  Humphreys,  Hess,  Kelly,  Kim- 
brough,  Ledbetter,  Loving,  Robert  J.  McKinney,  John  A.  McKinney, 
Mabry,  Montgomery,  Marr,  Nelson,  Purdy,  Roadman,  Ridley,  Scott, 
Ury,  Whitson,  Walton,  White,  and  Weakley — 32. 

Mr.  KINCANSON  offered  the  following  in  lieu  of  the  2d  branch  of 
Mr.  Garrett's  resolution,  to  wit : 

"That  no  Legislature  shall  charter  more  than  one  bank  at  any  one 
session,  and  that  only  at  a  regular  session,  and  that  no  bank  charter 
shall  ever  be  renewed  in  this  State." 

Which  was  accepted  by  Mr.  GARRETT. 

Mr.  ROADMAN  proposed  to  amend  the  amendment  of  Mr.  Kincan- 
non as  accepted  by  Mr.  Garrett,  by  providing, 

"That  no  bank  shall  be  chartered  without  the  concurrent  vote  of 
two-thirds  of  both  Houses  of  the  General  Assembly  ;"  which  was  re- 
jected. 


182 

The  proposition  of  Mr.  KINCANNON  was  thereupon  adapted  without 
amendment. 

And  thereupon  the  Convention  adjourned. 

SATURDAY,  July  26, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KIMBROUGH  of  the  Baptist  Church. 

Mr.  HODGES  submitted  the  following  : 

Resolved,  That  in  order  to  expedite  the  public  business,  and  to  pre- 
vent the  waste  of  public  money,  that  no  member  of  this  Convention 
shall  be  permitted  to  speak  more  than  twice  on  any  one  subject,  and 
not  longer  than  ten  minutes  on  any  one  question. 

And  the  rule  being  suspended,  Mr.  CANNON  moved  to  lay  the  said 
resolution  on  the  table  :  and  thereupon  the  question  was  had  and  de- 
termined in  the  affirmative  ;  ayes  46,  noes  6. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Blount,  Can- 
non, Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett, 
Gillcspy,  Gray,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon, 
Kineaid,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert 
J.  M'Kinney,  John  A.  M'Kirney,  Montgomery,  Marr,  Nelson,  Purdy, 
Richardson,  Ridley,  Robertson,  Stephenson,  Smith,  Smartt,  Scott, 
Ury,  Whitson,  Walton,  White,  Webster,  and  Weakley— 46. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Hodges,  Mabry,  McGaughey,  Roadman,  and 
Sharp— 6. 

And  so  said  resolution  was  ordered  to  the  table. 

Mr.  NELSON  submitted  the  following  : 

Whereas,  it  is  believed  that  every  important  subject  connected  with 
the  duties  of  this  Convention,  has  been  fully  and  amply  discussed,  in 
Committee  of  the  Whole,  and  such  principles  have  been  settled  as 
meet  the  decided  approbation  of  a  majority  of  this  body;  and  such  as 
we  believe  will  meet  the  approbation  of  a  majority  of  the  people  of 
Tennessee;  therefore, 

Resolved,  That  we  will  adopt  the  Report  of  the  Chairman  of  the 
Committee  of  the  Whole,  as  the  Constitution  of  this  State,  with  such 
corrections,  alterations,  additions  and  amendments  as  may  be  made  on 
the  different  readings  between  this  day  and  the  9th  day  of  August 
next,  and  that  this  Convention  will  then  adjourn. 

On  motion  of  Mr.  GARRETT,  it  was  ordered,  that  the  further  con- 
sideration of  his  resolution,  which  was  under  debate  at  the  adjourn- 
ment on  yesterday,  be  postponed. 

Mr.  WEBSTER'S  report  from  the  Committee  on  new  Counties,  was, 
on  motion  of  Mr.  Kincaid,  taken  up  and  read. 

Mr.  KINCAID  moved  to  strike  therefrom,  that  part  thereof  which 
provides,  "that  no  new  county  line  shall  be  run  nearer  to  the  seat  of 


183 

justice  of  Bedford  county,  than  ten  and  a  half  miles,"  for  the  purpose 
of  providing,  that  such  new  county  lines  shall  not  approach  the  said 
seat  of  justice  nearer  than  eleven  miles. 

Mr.  CANNON  moved  to  amend  the  proposition  of  Mr.  Kincaid,  by 
striking  out  "eleven  miles"  and  inserting  in  lieu  thereof,  "twelve  and 
a  half  miles." 

Mr.  SMITH  thereupon  moved  to  lay  the  said  report,  together  with 
the  proposed  amendments, upon  the  table  ;  which  motion  was  rejected. 

Mr.  FULTON  moved  that  the  question  he  taken  upon  striking  out, 
which  prevailing,  it  was  thereupon  had  and  determined  in  the  affirma- 
tive. 

The  question  next  recurring  upon  the  amendment  proposed  by  Mr. 
CANNO:;,  and  being  thereon  had,  it  was  rejected. 

Whereupon  Mr.  KINCAID'S  amendment  was  read  and  adopted. 

Mr.  RIDLEY  moved  an   adjournment  until  Monday  morning,  eight 
o'clock,  and  thereupon  the  question  was  had  and  determined  in  the 
negative  ;  ayes  23,  noes  27. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Alexander,  Blount,  Cannon,  Childress,  Caha!, 
Cobbs,  Cheatham,  Garrett,  Gillespy,  Hill,  Huntsman,  Hess,  Kincan- 
non,  Loving,  Marr,  Purdy,  Ridley,  Robertson,  Smith,  Ury,  "Walton 
and  White ;  23. 

The  negative  voters  are, 

Messrs.  President  ( Carter),  Bradshaw,  Fulton,  Fogg,  Gray,  Hodges, 
Humphreys,  Kolly,  Kincaid,  Kendall,  Kimbrough,  McClelian,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Montgomery, 
Nelson,  Roadman,  Richardson,  Stephcnson,  Smartt,  Sharp,  Scott, 
Whitson,  Webster  and  Weakley  ;  27. 

Mr.  KINCAID  offered  a  further  amendment  to  said  report,  and  after 
some  discussion  had  thereon,  he  asked  and  obtained  leave  to  with- 
draw it. 

And  then  the  Convention  adjourned. 

MONDAY,  July  28,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Reverend  Mr  HESS,  of  the  Cumberland  Presby- 
terian Church. 

Mr  RICHARDSON  presented  the  memorial  of  sundry  citizens  of 
Franklin  and  Warren  counties,  praying  that  a  new  county  be  esta- 
blished, from  territory  to  be  taken  from  said  Counties;  which  was  read 
and  ordered  to  the  table. 

The  report  of  the  Committee  on  new  Counties  being  under  consi- 
deration at  the  adjournment  of  the  Convention,  on  Saturday  last,  was 
taken  up,  read,  and  on  motion  of  Mr  SMITH,  ordered  to  the  table 
until  to-morrow, 

Mr  SMITH  sulmiitted  the  following: 


184 

Resolved,  That  the  general  provision  heretofore  adopted  by  this 
Convention,  relative  to  the  establishment  of  new  Counties  be  so 
amended,  that  no  new  County  shall  be  established  by  the  Legisla- 
ture to  consist  of  less  than  three  hundred  and  fifty  square  miles,  and 
shall  contain  qualified  voters.  And  that  the  size  of  no  old- 

er County  or  Counties  shall  be  reduced  to  less  than  five  hundred 
square  miles;  and  that,  on  account  of  change  of  lines  to  establish  new 
Counties,  shall  the  present  seats  of  justice  in  any  of  the  old  counties 
be  removed. 

On  motion  of  Mr  JOHN  A.  McKiNNEY, 

The  resolution  submitted  by  him  on  Friday  last,  providing,  "that 
the  Legislature  of  this  State  shall  have  a  regular  session  once  in  three 
years  only,"  was  taken  up  and  read;  and  after  some  discussion  had 
thereon,  it  was,  on  motion  of  Mr  ALLEN,  ordered  to  the  table. 

On  motion  of  Mr  ROADMAN, 

The  report  of  the  Committee  of  the  Whole  made  on  Friday  last, 
was  taken  up. 

Mr  CANNON  moved  that  it  be  read,  and  acted  upon  section  by  sec- 
tion; which  motion  prevailing, 

The  first,  second,  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth, 
tenth,  eleventh,  twelfth,  and  thirteenth  sections  of  the  Bill  of  Rights 
were  severally  read  and  concurred  with. 

The  fourteenth  section  was  next  read. 

Mr  SMITH  moved  to  amend, 'by  adding  thereto  the  following:  "ex- 
cept in  cases  provided  for  by  the  Legislature,"  which  motion  was  re- 
jected. The  said  fourteenth  section  was  thereupon  concurred  with, 
without  amendment. 

The  fifteenth,  sixteenth,  seventeenth,  eighteenth,  nineteenth,  twen- 
tieth, twenty-first,  twenty-second,  twenty-third,  twenty-fourth,  and 
twenty-fifth  sections  of  the  same  Article  were  thereupon  read  and 
concurred  with. 

The  twenty-sixth  section  being  read, 

Mr  ROADMAN  moved  to  strike  therefrom  the  word  "white,"  in  lieu 
of  which  Mr  ROBERT  J.  McKixNEY  proposed  to  substitute  the  word 
"citizens."  The  question  was  then  had  upon  the  proposition  of  Mr 
ROADMAN,  and  determined  in  the  negative;  ayes  19,  noes  30. 

The  ayes  and  noes  being  demanded,  those  who  voted  in  the  affirma- 
tive are, 

Messrs.  Armstrong,  Bradshaw,  Gillespy,  Gray,  Hill,  Kelly,  Kincaid, 
Kimbrough,  Robert  J.  McKinney,  McGaughey,  Nelson,  Roadman, 
Richardson,  Stephenson,  Smith,  Scott,  Whitson,  Walton  and  Web- 
ster; 19: 

Those  who  voted  in  the  negative  are 

Messrs.  President  (Carter,)  Allen,  Alexander,  Blount,  Cannon^ 
Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett, 
Hodges,  Huntsman,  Humphreys,  Hess,  Kendall,  Loving,  McClellap, 
John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Purdy,  Ridley> 
Smartt,  Sharp,  Ury  and  Weakley;  30. 


185 

Mr  FULTON  moved  to  amend  said  section,  by  adding  thereto,  after 
the  word  "State"  the  following:  "being  citizens  of  the  United  States;" 
and  the  question  thereon  being  had,  it  was  determined  in  the  negative; 
ayes  19;  noes  30. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  President  (Carter,)  Armstrong,  Bradshaw,  Blount,  Chil- 
dress,  Fulton,  Fogg,  Hodges,  Hill,  Huntsman,  Kincaid,  Kimbrough, 
McClellan,  Marr,  Smartt,  Sharp,  Ury,  Weakley,  and  Webster;  19. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Cannon,  Cahal,  Cobbs,  Cheatham,  Cross, 
Garrett,  Gillespy,  Gray,  Humphreys,  Hess,  Kelly,  Kendall,  Loving, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Mont- 
gomery, Nelson,  Purdy,  Roadman,  Richardson,  .Ridley,  Stevenson, 
Smith,  Scott,  Whitson  and  Walton;  30. 

The  said  twenty-sixth  section  was  thereupon  read,  as  reported,  and 
concurred  with. 

The  twenty-seventh  section  was  then  read,  and  concurred  with. 

The  twenty-eighth  section  being  read,  Mr  BLOUNT  offered  the  fol- 
lowing in  lieu  thereof,  to  wit: 

"The  militia  of  this  State,  shall  at  all  times  hereafter  be  armed,  and 
disciplined,  and  in  readiness  for  service;  but  all  such  inhabitants  of 
this  State  of  any  religious  denomination  whatever  (as  from  scruples 
of  conscience  may  be  averse  to  bearing  arms)  shall  be  excused  there- 
from by  paying  the  State  an  equivalent  in  money,  and  the  Legislature 
shall  provide  by  law,  for  the  collection  of  such  equivalent,  to  be  esti- 
mated according  to  the  expense  in  time  and  money  of  any  able  bodied 
militia  man." 

And  thereupon  the  question  was  had,  "will  the  Convention  receive 
the  said  amendment?"  and  determined  in  the  negative ;  ayes  12, 
noes  37. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Armstrong,  Blount,  Cannon,  Cahal,  Fulton,  Marr,  Purdy, 
Smith,  Sharp,  Scott,  Ury  and  Weakley;  12. 

The  negative  voters  are 

Messrs.  President  (Carter,)  Allen,  Alexander,  Bradshaw,  Chil- 
dress,  Cobbs,  Cheatham,  Cross,  Fogg,  Garrett,  Gillespy,  Gray,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kim- 
brough, Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney, 
Mabry,  McGaughey,  Montgomery,  Nelson,  Roadman,  Richardson, 
Ridley,  Stevenson,  Smartt,  Whitson,  Walton  and  Webster;  37. 

Mr  FULTON  then  offered  the  following  in  lieu  of  the  said  twenty- 
eighth  section,  to  wit: 

"That  any  citizen  of  this  State  may  be  exempted  from  bearing 
arms,  by  the  Legislature." 

And  the  question  thereon  being  had,  it  was  determined  in  the  nega- 
tive; ayes  13,  noes  36. 


186 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  arc, 

Messrs.  Armstrong,  Cannon,  Cahal,  Fulton,  Marr,  Nelson,  Purdy, 
Ridley,  Smith,  Sharp,  Scott,  Ury  and  Weakley;  13. 

Those  who  voted  in  the  negative  are, 

Messrs.  President  ( Carter, )  Allen,  Alexander,  Bradshaw,  Blount, 
Childress,  Cobbs,  Cheatham,  Cross,  Fogg,  Garrett,  Gillespy,  Gray, 
tlodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall, 
Kimbrough,  Loving,  McClellan,  Robert  J.  McKinney,  John  A.  Mc- 
Kinney,  Mabry,  McGaughey,  Montgomery,  Roadman,  Richardson, 
Stevenson,  Smartt,  Whitson,  Walton  and  Webster;  36. 

And  so  the  said  amendment  was  rejected. 

Mr  CHEATHAM  thereupon  moved  to  amend  the  said  twenty-eighth 
section,  by  adding  thereto  the  following,  "or  furnish  a  good  and  suffi- 
cient substitute,"  which  was  also  rejected. 

Mr  GRAY  then  offered  the  following  in  lieu  of  said  section,  to  wit : 

"That  no  person  who  is  religiously  scrupulous  of  bearing  arms,  can 
be  compelled  to  do  so;  but  he  may  be  compelled  to  pay  an  equivalent 
for  military  service  in  such  manner  as  shall  be  prescribed  by  law." 

And  the  question  being  thereon  had,  it  was  determined  in  the  nega- 
tive. 

Mr  MARR  offered  the  following  in  lieu  of  the  said  twenty-eighth 
section,  to-wit: 

"That  all  citizens  of  this  State  may  be  excused  from  bearing  arms, 
provided  they  will  pay  an  equivalent  to  be  ascertained  by  law." 

Which  was  also  rejected. 

The  said  section  was  thereupon  read  as  reported,  and  concurred 
with  without  amendment. 

The  twenty-ninth,  thirtieth,  and  thirty-first  sections  were  next  seve- 
rally read  and  concurred  with. 

Mr  GILLESPY  moved  to  amend  the  said  report,  by  reinstating  the 
thirty-first  section  of  the  Bill  of  Rights  annexed  to  the  existing  Con- 
stitution, which  motion  prevailed. 

The  first  section  of  the  first  article  was  next  read  and  concurred 
with. 

The  second  section  being  read,  Mr  MCGAUGHEY  moved  to  strike 
therefrom  the  words  "seventy-five,"  for  the  purpose  of  inserting  the 
word  "fifty." 

MR  MCCLELLAN  moved  a  division  of  the  question,  which  motion 
prevailing,  the  question  was  thereupon  had.  "will  the  Convention  strike 
out  the  words  'seventy-rive ?'"  and  determined  in  the  negative;  ayes  19, 
noes  34. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Bradshaw,  Burton,  Cannon,  Childress,  Douglass,  Gillespy, 
Kincaid,  Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney,  Mc- 
Gaughey, Richardson,  Ridley,  Robertson,  Stephenson,  Scott,  Watson 
and  Webster;  9. 


187 


Those  who  voted  in  (he  negative  are, 

Messrs.  President  (Carter,)  Allen,  Alexander,  Blount,  Cahal,  Cobbs, 
Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gray,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hess,  Kelly,  Kincannon,  Loving,  Mabry,  Montgo- 
mery, Murr,  Nelson,  Purdy,  Roadman,  Senter,  Smith,  Smartt,  Sharp, 
Ury,  Whitson,  White  and  Weakley;  34. 

Mr  PURDY  moved  to  fill  the  blank  in  the  said  section  with  the  words 
"ninetynine,"  and  thereupon  the  question  was  had  and  determined  in. 
the  affirmative;  ayes  29,  noes  24. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  President  (Carter,)  Allen,  Alexander,  Bionnt,  Cahal,  Cobbs, 
Fulton,  Fogg,  Garrett,  Gray,  Hodges,  Hill.  Huntsman,  Humphreys, 
Hess,  Kelly,  Kincannon,  Loving,  Marr,  Nelson,  Purdy,  Ridley,  Smith, 
Smartt,  Sharp,  Ury,Whitson,  Walton  and  White;  29. 

Those  who  voted  in  the  negative  are, 

Messrs.  Bradshaw,  Burton,  Cannon,  Childress,  Cheatham,  Cross,  Dou- 
glass, Gillespy,  Kincaid,  Kendall,  Kimbrough,  McClellan,  Robert  J. 
McKinney,  Mabry,  McGaughey,  Montgomery,  Roadman,  Richardson, 
Robertson,  Stephenson,  Senter,  Scott,  Webster  and  Weakley;  24. 

Mr  GRAY  moved  to  add  the  words  "and  a  half,"  immediately  after  the 
word  "million";  which  motion  prevailed,  and  the  amendment  was 
ordered. 

Mr  CHILBRESS moved  to  strike  from  said  section  the  following,  "pro- 
vided that  any  one  of  the  small  counties,  having  two-thirds  of  the  ratio, 
shall  be  entitled  to  one  member";  and  thereupon  the  question  was  had 
and  determined  in  the  negative;  ayes  9,  noes  46. 

The  ayes  and  noes  being  demanded. 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Douglass,  Fulton,  Kincan- 
non, Kimbrough  and  Webster;  9. 

The  negative  voters  are, 

Messrs." President  (Carter,)  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cahal,  Cobbs,  Cheatham,  Cross,  Fogg,  Garrett,  Gillespy, 
Gray,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid, 
Kendall,  Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney, 
Mabry,  McGaughey,  Montgomery,  Marr,  IN  elson,  Purdy,  Roadman, 
Richardson,  Ridley,  Robertson.  Stephenson,  Senter,  Smith,  Smartt, 
Sharp,  Scott,  Ury,  Whitson,  Walton,  White  and  Weakley;  46. 

The  said  second  section  as  amended;  was  thereupon  read  and  con- 
curred with. 

The  third  section  of  said  first  article  being  read,  Mr.  JOHN  A.  McKiN- 
NEY  moved  to  amend  by  striking  therefrom  the  words,  "one-third  the 
number  of  Representatives,"  for  the  purpose  of  substituting  therefor 
the  words,  "twenty-five  and  shall  never  exceed  that  number." 

Mr  ALEXANDER  moved  a  division  of  the  question,  which  motion 
prevailing,  the  question  wras  thereupon  had,  "will  the  Convention 
strike  out  the  said  words?"  and  determined  in  the  negative;  ayes  19, 
noes  36. 


188 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  President  f  Carter,)  Allen,  Bradshaw,  Childress,  Gillespy, 
Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John  A.  Mc- 
Kinney, Mabry,  McGaughey,  Montgomery,  Roadman,  Robertson,  Ste- 
phenson,  Senter,  Smith  "and  Scott;  19. 

The  negative  voters  are, 

Messrs.  Armstrong,  Alexander,  Burton,  Blount,  Cannon,  Cahal, 
Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gray, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Kin- 
caid,  Loving,  Marr,  Nelson,  Purdy,  Richardson,  Ridley,  Smartt, 
Sharp,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  36. 

Mr  DOUGLASS  then  offered  the  following,  as  an  amendment  to  the 
said  section,  to  wit: 

"  And  provided  further ,  that  if  two  or  more  counties  adjoining  shall 
have  fractions,  whose  aggregate  may  amount  to  the  ratio,  an  additional 
member  shall  be  allowed  to  said  counties  alternately." 

In  lieu  of  which,  Mr  FOGG  moved  to  insert  the  words,  "or  counties" 
immediately  after  the  word  "county"  in  the  several  places  where  it  oc- 
curs in  said  section;  which  motion  was  determined  in  the  affirmative. 

The  said  third  section  as  amended,  was  read  and  concurred  with. 

The  fourth  section  being  read,  Mr  HUNTSMAN  moved  to  strike  there- 
from, the  words,  "first  Monday"  for  the  purpose  of  inserting  in  lieu 
thereof  the  words,  "second  Monday." 

Mr  JOHN  A.  McKiNNEY,  moved  a  division  of  the  question;  which 
prevailing,  the  question  was  thereupon  had,  on  striking  out,  and  deter- 
mined in  the  negative. 

Whereupon  the  said  section  was  concurred  with,  without  amend- 
ment. 

The  fifth  section  being  read,  Mr  JOHN  A.  McKiNNEY  moved  to  strike 
therefrom  the  word  "two"  and  insert  in  lieu  thereof  the  word  "three." 

And  thereon  the  question  was  had  and  determined  in  the  negative; 
ayes  24,  noes  31. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter,)  Allen,  Bradshaw,  Childress,  Cheat- 
ham,  Douglass,  Fogg,  Garrett,  Gillespy,  Hodges,  Hill,  Hess,  Kendall, 
Kimbrough,  McClellan,  Robert  J.  McKinney,  John  A,  McKinney, 
McGaughey,  Nelson, Roadman,  Robertson,  Senter,  Walton  and  Weak- 
ley;  24. 

The  negative  voters  are, 

Messrs.  Armstrong,  Alexander,  Burton,  Blount,  Cannon,  Cahal, 
Cobbs,  Cross,  Fulton,  Gray,  Huntsman,  Humphreys,  Kelly,  Kincan- 
non, Kincaid,  Loving,  Mabry,  Montgomery,  Marr,  Purdy,  Richardson, 
Ridley,  Stephenson,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  White 
and  Webster;  31. 

Mr  ROBERT  J.  McKiNNEY  moved  to  amend  the  said  section  by  ad- 
ding thereto  the  following,  to  wit: 


189 


"That  after  the  year  one  thousand,  eight  hundred  and  thirty-eight, 

the  General  Assembly,  shall  not  at  any  session  sit  longer  than 

days." 

And  thereupon  the  question  was  had,  and  determined  in  the  affirma- 
tive; ayes  29,  noes  26. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  President  (Carter,)  Bradshavv,  Blount,  Childress,  Cheat- 
ham,  Douglass,  Garrett,  Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Kim- 
brough, McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Nelson,  Roadman,  Richardson,  Ridley,  Stephenson, 
Senter,  Smith,  Smartt,  Whitson,  Walton  and  Weakley;  29. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Cannon,  Cahal, 
-  Cobb^  Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Hodges,  Humphreys,  Kin- 
t. cannon,  Kincaid,  Loving,  Montgomery,  Marr,  Purdy,  Robertson, 
.  Sharp,  Scott,  Ury,  White  and  Webster;  26. 

Mr  ROBERT  J.  McKiNNEY  moved  to  insert  "forty  days." 

Mr  STEPHENSON  moved  to  fill  the  blank  in  said  amendment  with  the 
words  "fifty  days/' 

Mr  JOHN  A.  McKixxEY  moved  to  fill  the  blank  with  the  words  "fifty- 
six  days." 

Mr  HUNTSMAN  moved  to  fill  the  blank  with  the  words  "sixty  days." 

Mr  GRAY,  with  the  words  "seventy  days." 

Which  last  having  precedence,  the  question  was  had  thereon,  and  it 
was  rejected. 

The  question  then  recurred  upon  the  proposition  of  Mr  HUNTSMAN, and 
being  thereon  had.it  was  determined  in  the  negative;  ayes  25;  noes  30. 

The  ares  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter,)  Bradshaw,  Childress,  Douglas?,  Garrett, 
..Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,  McClcl- 
lan,  John  A.  McKinney,  Mabry,  McGaughey,  Nelson,  Roadman,  Rich- 
'ardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt  and  Walton;  25. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander, Burton, Blount,  Cannon,  Cahal, 

Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gilfespy,  Gray,  Humphreys, 

.Kincannon,  Kincaid, Loving,  Robert  J.  McKinney,  Montgomery.  Marr, 

Purdy,  Robertson,  Sharp,  Scott,  Ury,  Whitson,  White,  Webster   and 

Weakley;  30. 

The  question  was  next  had  upon  the  proposition  of  Mr  JOHN  A.  MC- 
KINNEY to  fill  the  blank  with  the  words  "fifty-six,"  and  determined  in 
the  negative;  ayes  26;  noes  29. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter,)  Bradshaw,  Douglass,  Garrctt,  Hodges 
Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,  McClellan.  Rober' 
J.  McKinney,  John  A.  McKinney, Mabry,  McGaughey,  Nelson,  Road1 


190 

man,  Richardson,  Ridley,  Stephenson,  Senter,  Snrth,  Smartt,  Walton 
andWeakley;  26. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Barton,  Blonnt,  Cannon,  Chil- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gillespy,  Gray, 
Humphreys,  Kincannon,  Kincaid,  Loving,  Montgomery,  Marr,  Purdy, 
Robertson,  Sharp,  Scott,  ,Ury,  Whitson,  White  and  Webster;  29. 

And  thereupon  the  Convention  adjourned  until  to-morrow  morning  at 
nine  o'clock. 

TUESDAY,  July  29th,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr.  HUMPHREYS,  from  the  Committee  on  private  and  local  legisla- 
tion, made  the  following  additional  report : 

The  Committee  on  private  and  local  legislation,  recommend  the  fol- 
lowing clauses  to  be  added  to  the  Constitution  : 

1st.  The  Legislature  shall  have  no  power  to  suspend  any  genera! 
law  for  the  benefit  of  any  particular  individual,  nor  to  pass  any  law 
for  the  benefit  of  individuals  inconsistent  with  the  general  laws  of  the 
land  ;  nor  to  pass  any  law  granting  to  any  individual,  or  individuals 
rights,  privileges,  immunities,  or  exemptions,  other  than  such  as  may 
be  by  the  same  law  extended  to  any  member  of  the  community  who 
may  be  able  to  bring  himself  within  the  provisions  of  such  law. 

Provided  always:  The  Legislature  shall  have  power  to  grant  such 
charters  of  incorporation  as  they  may  deem  expedient  for  the  public 
good. 

2d.  The  Legislature  shall  have  power  to  vest  such  powers,  with  re- 
gard to  private  and  local  affairs,  as  may  be  expedient,  in  the  courts  of 
justice. 

On  the  subject  of  local  and  private  legislation  generally,  the  Com- 
mittee feel  much  difficulty  in  providing  the  means  of  putting  an  end 
to  it,  without  crippling  the  first  and  necessary  powers  of  the  Legisla- 
ture. 

The  Committee  believe  that  there  is  a  wide  distinction  between  the 
possession  of  improper  powers,  and  the  abuse  of  necessary  and  just 
powers.  The  great  extent  to  which  this  private  and  local  legislation 
has  been  carried  in  this  State,  the  public  time  and  money  that  has  been 
consumed,  has  been  rather  the  result  of  a  vicious  habit  in  the  Legis- 
lature, than  an  exercise  of  improper  powers. 

All  local  and  private  legislation  cannot  be  prohibited  by  a  sweeping 
clause,  without  endangering  the  best  interests  of  the  State. 

The  amount  exhibited  to  the  Convention  by  the  report  of  the  Se- 
cretary of  State  seems  enormous.  In  the  year  one  thousand  eight 
hundred  and  twenty-nine,  there  were  one  hundred  and  seven  public 
acts,  and  three  hundred  and  forty-seven  private  acts;  and  the  number 


191 

of  pages  taken  up  in  printing  the  public  acts  was  one  hundred  and  for- 
ty-seven, and  in  printing  the  private  acts  w«s  t\vo  hundred  and  eighty- 
six  pages. 

In  one  thousand  eight  hundred  and  thirty-one,  we  find  passed  one 
hundred  and  twelve  public  acts,  and  two  hundred  and  eighty-four  pri- 
vate acts.  The  public  acts  printed  in  one  hundred  and  twenty-seven 
pages,  and  the  private  acts  printed  in  two  hundred  and  thirty-three 
pages. 

In  one  thousand  eight  hundred  and  thirty-two,  we  find  forty-two 
public  acts  printed  in  fifty-three  pages,  and  one  hundred  and  sixteen 
private  acts  printed  in  one  hundred  and  forty-seven  pages. 

In  one  thousand  eight  hundred  and  thirty-three,  we  iind  ninety-one 
public  acts  printed  in  one  hundred  and  seventeen  pages,  and  the  num- 
ber of  three  hundred  and  five  private  acts  printed  in  one  hundred  and 
seventy-nine  pages. 

This  expose  shows  in  bold  relief  the  employment  of  the  Legisla- 
ture of  Tennessee,  for  several  years  back. 

The  Committee  cannot  come  to  any  other  conclusion  than  that  much 
of  the  private  Legislation  must  have  been  useless, — nay  worse  than 
useless,  injurious — to  the  country.  They  are  of  opinion,  that  much  of 
such  matter  might,  with  propriety,  be  placed  in  the  hands  of  the  magis- 
trates. This  body  of  men  is  numerous — are  to  be  hereafter  selected  by 
the  people,  and  will  always  continue  to  have  a  congeniality  of  interest 
and  feeling  with  the  great  mass  of  the  people.  The  Committee  do  not 
know  a  safer  or  more  judicious  repository  of  such  local  and  private 
matters  as  are  of  such  inferior  consequence  as  not  to  deserve  the  de- 
liberate action  of  the  great  council  of  State.  All  however,  which  the 
committee  believe  can  properly  be  done,  is  simply  to  vest  the  Legis- 
lature with  discretionary  power  upon  the  subject  matter. 

The  committee  believe  the  provisions  at  the  head  of  this  report  will 
go  far  to  cut  off  an  immense  mass  of  this  business.  The  committee  will 
specify  a  few  of  the  more  troublesome  and  improper  subjects  that  have 
occupied  the  attention  of  the  Legislature.  In  the  last  three  sessions 
ninety-six  individuals  have  been  authorized  to  hawk  and  peddle,  and 
retail  spirituous  liquors  without  licences.  The  committee  believe 
that  all  such  acts  should  be  absolutely  prohibited  and  that  it  would 
be  effected  by  the  above  clause. 

If  the  community  docs  require  at  all  a  law  to  prohibit  the  sale  of 
spirituous  liquors,  without  such  licence  as  may  be  granted  by  the  con- 
stituted authorities.  If  their  interests  will  be  promoted  by  such  a  law, 
that  law  should  be  general.  If  any  injury  will  be  done  bj  giving 
unrestrained  liberty  to  all  to  hawk  and  peddle,  and  retail  liquors  ;  then 
if  granted  to  one  individual,  the  injury  results  to  the  extent  of  his 
traffic.  The  only  difference  will  be  in  the  extent  of  the  injury. 

Shall  rights,  privileges  or  immunities  be  granted  to  individuals,  con- 
trary to  the  good  morals  of  the  people,  and  which  are  condemned  by 
general  laws.  If  the  Legislature  think  the  interest  of  the  country 
demand  the  repeal,  it  can  be  done;  whilst  in  force  let  it  operate  on  al\ 


192 

alike.  This  is  in  unison  with  our  institutions.  The  release  of  fines, 
forfeiture,  the  granting  of  letters  of  administration,  will  be  cut  off. 
The  Legislature  has  wasted  much  time  and  money  in  debating  the 
propriety  of  authorising  mill  dams  and  fish  traps  to  be  erected  in 
streams  declared  to  be  navigable  by  the  laws  of  the  whole  land.  If 
any  stream  be  navigable,  and  should  be  of  sufficient  consequence  to  be 
so  declared  for  the  best  interest  of  the  country,  it  should  be  preserved 
by  the  force  of  the  laws  free  from  the  slightest  obstruction.  Laws 
should  not  be  passed,  authorising  certain  individuals  to  obstruct  the 
stream  to  a  certain  extent.  This  is  a  right  granted  to  some  favored 
individual,  and  prohibited  to  the  rest  of  the  community,  because  inju- 
rious to  the  whole. 

It  is  a  privilege,  an  immunity,  granted  in  contravention  of  general 
Jaw.  All  such  legislation  will  come  under  the  ban  of  the  recommended 
clause,  It  is  the  most  comprehensive  that  can  be  adopted  without 
inserting  an  absolute  prohibitory  clause  to  all  local  and  private  legisla- 
tion. That  would  be  wholly  improper.  The  committee  are  of  opinion 
that  it  would  be  ineffectual  and  improper  to  descend  to  details  in  the 
formation  of  a  Constitution.  New  cases  of  legislation  would  arise 
which  would  be  as  troublesome  as  specific  ones  cut  off.  The  provision 
recommended  would  put  an  end  to  countless  cases  that  it  is  impossible 
to  foresee.  The  committee  find  in  the  constitution,  numerous  provi- 
sions intended  to  protect  the  rights  of  individuals  against  the  encroach- 
ments of  the  government.  They  believe  that  it  is  just  as  necessary 
that  the  body  politic  should  be  protected  against  the  extension  of 
peculiar  rights  and  immunities  to  individuals  at  the  expense  of  the 
community. 

All  of  which,  is  respectfully,  submitted. 

W.  H.  HUMPHREYS,  Chairman. 

Mr  CHILDRESS,  at  the  request  of  Mr  FULTON,  moved  a  reconsider- 
ation of  the  vote  taken  on  yesterday,  adopting  Mr  ROBERT  J.  McKiN- 
NEY'S  proposition  as  an  amendment  to  the  fifth  section  of  the  first  article: 
.and  thereupon  the  question  was  submitted,  and  determined  in  the 
negative;  ayes  28,  noes  29. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Cannon,  Cabal,  Cobbs, 
Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Gordon,  Humphreys,  Kincannon, 
Kincaid,  Led  better,  Loving,  Montgomery,  Marr,  Purdy,  Robertson, 
Sharp,  Scott,  Ury,  Whitson,  White  and  Webster;  28. 

Those  who  voted  in  the  negative  are, 

Messrs.  President  (Carter,)  Bradshaw,  Blount,  Childress,  Cheatham, 
Douglass,  Garrett,  Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall, 
Kim b rough,  McClellan,  Robert  J.  McKinney,  John  A.  McKinncy, 
Mabry,  McGaughey,  Nelson,  Roadman,  Richardson,  Ridley,  Stephen- 
5&on,  Senter,  Smith,  Smartt,  Walton  and  Weakley;  29. 

And  so  said  motion  was  rejected. 


193 

Whereupon  Mr  HUNTSMAN  moved  to  fill  the  blank  in  saul  amend- 
ment with  the  words  "sixty-three,"  and  thereupon  the  question  was 
had  and  determined  in  the  negative;  ayes  26,  noes  31. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  President  (Carter),  Bradshaw,  Childress,  Cheatham,  Garrett, 
Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Nelson, 
Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt  and 
Walton;  26. 

Those  who  voted  in  the  negative  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Blount,  Cannon, 
Cahal,  Cobbs,  Cross,  Douglass,  Fulton,  Fogg,  Gillespy,  Gray,  Gordon, 
Humphreys,  Kincannon,  Kincaid,  Ledbetter,  Loving,  Montgomery, 
Marr,  Purdy,  Robertson,  Sharp,  Scott,  Ury,  Whitson,  White,  Webster 
and  Wealdey;  31. 

Mr  CAHAL  moved  to  lay  the  said  proposition  of  Mr  Robert  J.  McKin- 
ney and  the  amendments  thereto  proposed,  on  the  table,  and  there- 
upon the  question  was  had  and  determined  in  the  affirmative;  ayes  31? 
noes  26. 

The  ayes  and  noes  being  demanded, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Cannon,  Cahal.  Cobbs, 
Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Gordon,  Humphreys,  Kincannon, 
Kincaid,  Kimbrough,  Ledbetter,  Loving,  Montgomery,  Marr,  Purdy, 
Richardson,  Robertson,  Sharp,  Scott,  Ury,  Whitson,  White,  Webster 
and  Weakley;  31. 

Those  who  voted  in  the  negative  are, 

Messrs.  President  (Carter),  Bradshaw,  Blount,  Childress,  Cheatham, 
Douglass,  Garrett,  Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Nelson,  Roadman,  Ridley,  Stephenson,  Senter,  Smith, 
Smartt  and  Walton;  26. 

The  fifth  section  was  next  read,  and  amended  on  motion  of  Mr  JOHN 
A.  McKiNNEY  by  striking  from  the  second  line  thereof,  the  word  "said," 
and  inserting  in  its  stead  the  word  "the,"  and  also  by  inserting  the 
word  "commencing,"  in  the  same  line  immediately  after  the  word 
"thereafter." 

The  said  fifth  section  was  then  read  as  amended,  and  concurred  with. 

The  sixth  section  was  thereupon  read  and  concurred  with,  without 
amendment. 

The  seventh  section  was  read  and  amended  on  motion  of  Mr  JOHN 
A.  McKiNNEY,  by  striking  therefrom  the  word  "should,"  and  inserting 
in  lieu  the  word  "shall." 

The  said  section  as  amended  was  concurred  with. 

The  eighth  section  being  read,  Mr  MCCLELLAN  moved  to  amend  by 
striking  therefrom  the  word  "thirty,"  for  the  purpose  of  inserting  the 
words  "twenty-five." 

Q 


194 

Mr  WE.\KLEY  moved  a  division;  which  prevailing,  the  question  was 
thereupon  had  upon  striking  out  the  word  "thirty,"  and  determined  in 
the  negative;  ayes  19.  riocs  36. 

The  ayes  and  noes  being  demanded, 

The  affirmative  Voters  arc, 

Messrs.  Armstrong,  Alexander,  Blount,  Cannon,  Cahal,  Cheatham, 
Fulton,  Gillespy,  Hill,  Humphreys,  Ktncannon,McClcllan,Mabry,  Me-. 
Gaughey,  Richardson,  Stepheason,  Scott,  White  and  Webster;  19. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Childres,?,  Cobb?,  Cross, 
elass,  Fogg,  Garrett,  Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kel- 
ly, Kincaid,  Kendall,  Kimhrough,  Ledhetter,  Loving,  Robert  J.  McKin- 
ney,  John  A.  McKinney,  Montgomery,  Marr, Nelson,  Purdy,  Roadman, 
Ridley,  Senter,  Smith,  Smartt,  Sharp, IJry,  Wiiitson,  Walton  and  Weak-' 
ley;  36. 

Mr  LEDBETTER  thereupon  offered  the  following  proviso,  as  an  amend- 
ment to  said  eighth  section ;  to  wit:  "Provided,  that  any  person  who 
may  have  been  elected  heretofore  to  the  Senate,  shall  again  be  eligible 
to  a  seat  in  that  body;"  and  the  sense  of  the  Convention  being  thereup- 
on had,  the  said  proviso  was  rejected. 

Mr  FULTON  moved  to  strike  from  the  first  line  of  said  section,  the 
words '-of  the  General  Assembly;"  which  motion  was  rejected. 

The  said  section  was  then  read  and  concurred  with. 

The  ninth,  tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  fif- 
teenth sections  were  then  read  and  concurred  with,  without  amendment. 

The  sixteenth  section  being  read,  Mr  STEPIIEXSON  offered  the  follow- 
ing in  lieu  thereof;  to  wit:  "Every  bill  shall  be  read  three  times  on 
three  several  days  in  each  House  and  be  signed  by  the  respective  Speak- 
ers, before  it  becomes  a  law;"  and  the  question  thereon  being  had,  the 
said  proposition  was  rejected. 

On  motion  of  Mr  FOGG,  the  said  sixteenth  section  was  amended,  by 
inserting  in  the  second  line  thereof  the  words  "every  bifl"  between  the 
words  uand"  and  "shall." 

The  said  sixteenth  section  was  thereupon  read  as  amended,  and  con- 
curred with. 

The  seventeenth  and  eighteenth  sections  were  next  read  and  con- 
curred with. 

The  nineteenth  section  being  read,  Mr  McGMiciiEY  offered  the  fol- 
lowing amendment  thereto,  to  be  inserted  after  the  word  "secret,"  in 
the  second  line  of  said  section;  to  wit:  "And  every  bill  of  a  general 
character,  and  bills  making  appropriations  of  public  moneys,  shall  upon 
their  third  or  last  reading  in  each  House,  be  passed  upon  the  ayes  and 
noes,  which  shall  be  entered  upon  the  journals." 

Mr  BURTON  moved  a  division;  which  motion  failing,  the  question  then 
recurred  upon  Mr  McGaaghey's  amendment,  and  being  thereon  had, 
it  was  determined  in  the  affirmative;  ayes  37,  noes  16. 

The  ayes  and  noes  being  demanded, 
The  affirmative  voters  are. 


195 

Messrs.  President  (Carter),  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress,  Cheatham,  Douglass,  'Garrett,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincannon,  Kimbrough,  Lcdbetter,  McClellan, 
Robert  J.  McKinney.  John  A.  McKinney,  Me  Gaughey,  Montgomery, 
Nelson,  Roadman,  Richardson,  Ridley,  Slephenson,  Senter,  Smith, 
Nrnnrtt,  Scott,  Ury,  Whitson,  Walton,  White  and  Webster;  37. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Cahal,  Cross,  Fulton,  Fogg,  Gillespy,  Gor- 
don, Kincaid,  Kendall,  Loving,  Marr,  Purdy,  Robertson,  Sharp  and 
Wcaklcy;  16. 

The  said  nineteenth  section  was  thereupon  read,  as  amended,  and 
concurred  with. 

The  twentieth  section  was  then  read  and  concurred  with. 

The  twenty-first  section  was  next  read,  and  amended,  on  motion  of 
Mr  FULTON,  by  striking  out  the  word  "the"  and  inserting  in  lieu  the  ar- 
ticle "a"  in  the  last  line,  between  the  words  "by"  and  "preceding." 

Mr  SMITH  moved  further  to  amend,  by  providing  that  the  members 
of  the  Legislature  should  not  receive  more  than  three  dollars  a  day 
for  their  services;,  which  motion  was  rejected. 

The  said  section  was  thereupon  read  as  amended,  and  concurred 
with. 

The  twenty-second,  twenty-third,  twenty-fourth,  twenty-fifth  and 
twenty -sixth  sections  were  severally  read  and  concurred  writh,  with- 
out amendment. 

The  twenty-seventh  section  being  read,  Mr  KENDALL  moved  to 
amend  by  striking  out  the  word  "slaves,"  in  the  first  line  of  said 
section,  and  inserting  the  words  "slaves  or"  in  the  same  line,  between 
the  words  "such"  and  "other";  which  motion  prevailed. 

The  said  section  was  further  amended,  on  motion  of  Mr  JOHN  A. 
MCKINNEY,  by  inserting  the  words  "town  lots"  in  the  first  line  there- 
of, after  the  word  "entry". 

Mr  MONTGOMERY  offered  the  following  as  an  additional  amend- 
ment to  said  section;  to  wit:  "And  provided  also,  that  nothing  here- 
in contained,  shall  be  so  construed,  as  to  require  dwelling  houses  and 
improvements  to  be  taken  into  the  estimate,  in  the  valuation  of  lands, 
except  such  as  may  be  within  the  limits  of  a  county  seat  or  incorporate 
town." 

In  lieu  of  which,  Mr  LEDBETTER  submitted  the  following;  which 
was  accepted  by  Mr  MONTGOMERY,  (to  wit:) 

"And  provided  also,  that  nothing  herein  contained,  shall  be  so  con- 
strued as  to  tax  dwelling  houses  and  improvements  made  upon  any 
lands  or  town  lots,  except  such  improvements  as  may  produce  to  the 
owner  or  owners  a  yearly  rent,  equal  to  the  tax." 

And  in  lieu  of  the  foregoing,  Mr  NELSON  submitted  the  following: 

"Provided,  the  Legislactire  shall  have  the  power  to  exempt  im- 
provements from  taxation." 

Mr  CHEATHAM  moved  to  amend  Mr  Nelson's  proposition,  by  insert- 
ing the  words  "manufacturing  establishments  or"  immediately  preced- 
ing the  word  '-improvements";  which  motion  prevailed. 


196 

The  question  was  then  had  on  the  adoption  of  Mr  Nelson's  amend- 
ment, in  lieu  of  Mr  Montgomery's,  and  determined  in  the  negative. 

The  question  then  recurred  upon  the  adoption  of  Mr  Montgomery's 
amendment;  and  after  some  discussion  had  thereon,  Mr  MONTGOMERY 
asked  and  obtained  leave  to  withdraw  it. 

Mr  STEPHENSON  then  offered  the  following  proviso,  as  an  amend- 
ment to  said  twenty-seventh  section,  to  wit: 

'-Provided,  thai  in  ascertaining  the  value  of  lands,  the  improve- 
ments thereon  shall  not  be  taken  into  consideration." 

In  lieu  of  which,  Mr  MONTGOMERY,  offered  his  original  proposition; 
and  the  question  thereon  being  had,  it  was  determined  in  the  nega- 
tive; ayes  12,  noes  45. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Burton,  Blount,  Douglass,  Gray,  Kendall,  McGaughey, 
Montgomery,  Nelson,  Roadman,  Stephenson,  Scott  and  Weakley;  12. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton, 
Fogg,  Garrett,  Gillespy,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kmcannon,  Kincaid,  Kimbrough,  Ledbetter*  Loving,  Mc- 
Clellan,  Robert  J.  McKinney,  John  A.  McKinney,  MabiJ,  Man*,  Pur- 
dy,  Richardson,  Ridley,  Robertson,  Senter,  Smith,  Smartt,  Sharp,  U- 
ry,  Whitson,  Walton,  White  and  Webster;  45. 

And  so  said  amendment  was  rejected. 

Mr  KINCAID  then  offered  the  following,  in  lieu  of  Mr  Stephenson's 
amendment;  to  wit: 

"Provided,  nothing  herein  contained,  shall  be  construed  to  author- 
ize the  Legislature  to  tax  dwelling  houses  upon  lands  or  town  lots;" 
which  was  rejected. 

Mr  FOGG  thereupon  submitted  the  following,  in  lieu  of  the  propo- 
sition of  Mr  STEPHENSon,  and  in  lieu  of  the  said  twenty-seventh  sec- 
tion; to  wit: 

"All  lands  held  by  deed,  grant  or  entry,  town  lots,  and  such  other 
property  as  the  Legislature  may  from  time  to  time  deem  expedient, 
shall  be  taxable.  All  property  to  be  taxed  according  to  its  value;  that 
value  to  be  ascertained  in  such  manner  as  the  Legislature  shall  direct, 
so  that  the  same  shall  be  equal  and  uniform,  as  near  as  possible, 
throughout  the  State:  Provided^  that  no  one  species  of  property 
shall  be  taxed  higher  than  any  other  species  of  property  of  equal  va- 
lue; and  the  Legislature  shall  also  have  authority  to  impose  a  poll  tax 
upon  freemen  and  a  capitation  tax  upon  slaves;  and  shall  also  have 
power  to  impose  taxes  upon  occupations,  if  to  the  Legislature  it  shall 
seem  expedient." 

And  the  question  upon  the  adoption  of  the  foregoing  being  had,  it 
was  determined  in  the  negative. 

The  question  then  recurred  upon  the  amendment  of  Mr  STEPHEN- 
SOX,  and  being  thereupon  had,  it  was  determined  in  the  negative;  ayes 
20,  noes  36. 


197 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Burton,  Blount,  Childress,  Cahal,  Cobbs,  Cheatham,  Doug- 
lass, Fogg,  Gray,  Ledbetter,  Loving,  Montgomey,  Nelson,  Roadman, 
Ridley,  Stephenson,  Smith,  Scott,  Webster  and  Weakley;  20. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Cannon,  Cross, 
Fulton,  Garrett,  Gillespy,  Gordon,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Mc- 
Clellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGau- 
ghey,  Marr,  Purdy,  Richardson,  Robertson,  Senter,  Smartt,  Sharp, 
Ury,  Whitson,  Walton  and  White;  36. 

And  so  said  amendment  was  rejected. 

Mr  SMITH  then  offered  the  following  in  lieu  of  the  said  twenty-sev- 
enth section;  to  wit : 

uThat  all  lands  shall  be  classed  in  three  or  more  classes,  and  valued 
by  the  owner  or  agent  according  to  classification,  and  be  taxed  in  pro- 
portion to  value,  reserving  to  the  Legislature,  the  power  to  provide  a 
penalty  for  a  false  valuation. 

"That  town  lots  with  their  improvements,  and  slaves,  shall  be  valued 
and  taxed  in  like  manner. 

"That  all  bank  stock,  brokers'  and  exchange  offices,  (whether  with 
or  without  a  charter,)  capital  vested  in  large  establishments  of  every 
description  when  in  active  operation:  all  incorporated  companies,  and 
associations  having  exclusive  privileges  by  law,  and  all  active  capital, 
including  money  at  interest,  shall  be  fit  subjects  of  taxation. 

"That  the  valuation  of  land  and  the  tax  levied  thereon,  shall  be  the 
basis  by  which  all  other  taxes  shall  be  regulated." 

And  then  the  Convention  adjourned. 

WEDNESDAY,  July  30,1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  Mr  SENTER,  of  the  Methodist  Episcopal 
Church. 

On  motion  of  Mr  ALEXANDER,  it  was  ordered,  that  the  names  of  the 
members  calling  for  the  ayes  and  noes  be  entered  upon  the  journal. 

Mr  SMITH'S  amendment,  in  lieu  of  the  twenty-seventh  section  of  the 
first  article,  which  was  under  consideration  at  the  adjournment  on  yes- 
terday, was  taken  up  and  read. 

Mr  ROADMAN  moved  a  division  of  the  proposition ;  which  motion  was 
decided  in  the  negative.  The  question  was  then  had  upon  the  adop- 
tion of  the  said  proposition  in  lieu  of  the  said  twenty-seventh  section, 
and  determined  in  the  negative;  ayes  7,  noes  50. 

The  ayes  and  noes  being  demanded  by  Mr  SMITH, 

The  affirmative  voters  are, 


198 

Messrs.  Cabal,  Cobbs,  Gordon,  Kincannon,  Kincaid,  Smith  and 
Sharp;  7. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childres*,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrctt,  Gillespy,  Gray,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly, Kendall,  Kimbrough,  Lcdbetter,  Loving,  McClellan,  Ro- 
bert J.  Mclvinney,  John  A.  McKinney,  Mabry,  McGaughey,  Montgo- 
mery, Marr,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Robertson,  Stevenson,  Senter,  Smart t,  Scott,  Ury,  Wliitson,  Walton, 
Webster  and  Weakiey;  50. 

Mr.  MAERY  submitted  the  following  as  an  amendment  to  the  said 
twenty-seventh  section,  to  be  inserted  immediately  after  the  word 
"State,"  in  the  fourth  line  of  said  section;  to  wit : 

"All  tax  collected  off  of  the  free  white  polls  of  this  State,  and  bank 
stock,  together  with  all  the  vacant  and  unappropriated  lands  in  this 
State,  to  which  the  State  now  has,  or  may  hereafter  obtain  a  title,  and 
the  proceeds  thereof,  shall  be  appropriated  to  the  use  of  common 
schools  in  this  State.  And  all  other  donations  and  appropriations  shall 
remain  as  a  school  fund  forever. 

Mr.  LEDEETTER  moved  to  lay  the  foregoing  amendment  on  the  ta- 
ble; and  thereupon  the  question  was  had  and  determined  in  the  affirm- 
ative; ayes  29,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Can- 
non, Cobbs,  Cross,  Fogg,  Gillespy,  Gray,  Huntsman,  Humphreys,  Kel- 
ly, Kincannon,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney, 
McGaughey,  Montgomery,  Marr,  Porter,  Purdy,  Roadman,  Senter, 
Ury,  Walton  and  Weakley;  29. 

The  negative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Childress,  Cabal,  Cheatham,  Doug- 
lass, Fulton,  Garrett,  Gordon,  Hodges,  Hill,  Hess,  Kincaid,  Kendall, 
Kimbrough,  John  A.  McKinney,  Mabry,  Nelson,  Richardson,  Ridley, 
Robertson,  Stephenson,  Smith,  Smartt,  Sharp,  Scott,  Whitson  and 
Webster;  28. 

Mr.  ALLEN  moved  to  strike  out  the  whole  of  said  section,  except 
the  following  after  the  word  "provided";  to  wit : 

"That  no  one  species  of  property  from  which  a  tax  may  be  collect- 
ed, shall  be  taxed  higher  than  any  other  species  of  property  of  equal 
value." 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive ;  ayes  8,  noes  48. 

The  ayes  and  noes  being  demanded  by  Mr.  SENTER, 

The  affirmative  voters  are, 

Messrs.  Allen,  Cahal,  Douglass,  Fulton,  Kincannon,  Porter,  Ury  and 
Weakley;  8. 

The  negative  voters  are, 

Messrs.    President   (Carter),  Armstrong,  Alexander,  Bradshaw, 


199 

Burton,  Blount,  Cannon,  Childress,  Cobbs,  Clieathara,  Cross,  Fo^g, 
Garrett,  Gillcspy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  Loving,  Mc- 
Clellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaugh- 
ey,  Montgomery,  Marr,  Nelson,  Purdy,  Roadman,  Richardson,  Rid- 
ley, Robertson,  vStephenson,  Senter,  Smith,  Smarlt,  Sharp,  Whitson, 
Walton  and  Webster;  48. 

Mr.  PORTER  thereupon  submitted  the  following  in  lieu  of  the  said 
twenty-seventh  section;  to  wit : 

"Thaf;  all  lands  held  by  deed,  grant  or  entry,  and  such  other  proper- 
ty as  the  Legislature  may,  from  time  to  time,  deem  expedient,  shall  be 
taxable;  and  shall  be  taxed  equal  and  uniform  throughout  the  State, 
in  such  manner  as  the  Legislature  shall  direct." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt  the 
amendment?"  and  determined  in  the  negative;  ayes  12,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

Those  who  voted  in  the  affirmative  arc, 

Messrs.  Allen,  Burton,  Blount,  Childress,  Cabal,  Cheatham,  Fulton, 
Fogg,  Gordon,  Porter,  Sharp  and  Weakley;  12. 

Those  who  voted  in  the  negative  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Can- 
non, Cross,  Douglass,  Garrett,  Gillespy,  Gray,  Hodges,  Hill,  Huntsman, 
Humphreys,  Ileas,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough, 
Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKin- 
ney, Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Roadman, 
Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith,  Smarlt, 
Scott,  Ury,  Whitson,  Walton  and  Webster;  44. 

Mr  RIDLEY  offered  the  following  as  an  amendment  to  the  said  twenty- 
seventh  section;  to  wit: 

"And  a  poll  tax  shall  be  laid  in  such  manner,  and  to~such  an  amount, 
as  the  Legislature  may,  from  time  to  time,  direct";  which  was  received. 

Mr  MclxAUQHEY  then  offered  the  following,  in  lieu  of  the  said  twenty- 
seventh  section;  to  vdt: 

"That  all  lands  in  this  State  held  by  deed,  grant  or  entry,  town  lots 
and  slaves  shall  be  taxable.  Lands  shall  be  classed  in  three  or  more 
classes,  in  such  manner  as  the  Legislature  may  prescribe  and  shall  be 
taxed  according  to  the  original  quality,  as  nearly  as  can  be  ascertained. 
Town  lots  and  slaves  shall  be  taxed  according  to  value.  The  assess- 
mentof  tax  upon  land  shall  not  be  made  oftenerthan  once  in  every  pe- 
riod of  ten  years.*' 

In  lieuol  the  foregoing,  and  as  amendatory  to  the  said  twenty-seventh 
section,  Mr  MABRY  called  up  and  olFered  his  proposition  of  this  day. 
And  thereupon  the  question  was  had, and  determined  in  the  negative; 
20;  noes  30. 

The  ayes  and  noes  being  demanded  by  Mr  MABRY, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cannon,  Cabal,  Garreit,  Gillesp}',  Hodges,  Hill, 
.Huntsman,  Kincannon,  Kimbrough,  John  A.  McKjoncy,  Mabry,  Ncl- 


200 

son,  Ridley,  Stcphenson,  Senter,  Smartt,  Sharp,  Whitson  and  Webster: 
20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount,  Childress,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gray, 
Gordon,  Humphreys,  Hess, Kelly,  Kincaid,  Kendall,  Ledbetter,  Loving, 
McClellan,  Robert  J.  McKinney,  McGaughey,  Montgomery,  Marr, 
Neil,  Porter,  Roadman,  Richardson,  Robertson,  Smith,  Scott,  Ury,  Wal- 
ton and  Weakley;  36. 

The  question  then  recurred  upon  the  amendment  of  Mr  MCGAUGHEY. 

Mr  CHEATHAM  moved  a  division,  which  motion  failing,  the  question 
was  thereupon  had  upon  the  adoption  of  the  said  amendment,  and  de- 
termined in  the  negative;  ayes  7,  noes  49. 

The  ayes  and  noes  being  demanded  by  Mr  MCGAUGHEY, 

The  affirmative  voters  are, 

Messrs  Cahal,  McClellan,  Robert  J.  McKinney,  McGaughey,  Road- 
man, Stephenson  and  Weakley;  7. 

The  negative  voters  arc, 

Messrs  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childress,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrctt,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Led- 
hetter,  Loving,  John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Neil, 
Nelson,  Porter,  Richardson,  Ridley,  Robertson.  Senter,  Smith,  Smartt, 
Sharp,  Ury,  Whitson,  Walton  and  Webster;  49. 

The  said  twenty-seventh  section  was  thereupon  read  as  amended, 
and  the  question  "will  the  Convention  adopt  the  said  section"  being  had, 
it  was  determined  in  the  affirmative;  ayes  43,  noes  13. 

The  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Can- 
non, Childress,  Cress,  Garrett,  Gillespie,  Gray,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall, 
Kimbrough,  Ledbetter,  Loving, McClellan,  Robeit  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Montgomery,  Marr,  Neil.  Nelson,  Road- 
man, Richardson,  Ridley,  Robertson,  Stevenson,  Senter,  Smartt,  Scott, 
Ury,  Whitson,  Walton  and  Webster;  43. 

The  negative  voters  are, 

Messrs.  Allen,  Burton,  Blount,  Cahal,  Cheatham,  Douglass,  Fulton, 
Fogg,  Mabry,  Porter,  Smith,  Sharp  and  Weakley;  13. 

The  twenty-eighth  section  was  thereupon  read  and  concurred  with. 

On  motion  of  Mr  HESS,  the  resolution  submitted  by  him  on  the  sixth 
of  June,  on  the  subject  of  emancipation,  was  taken  up  and  read.  The 
first  branch  of  which  is  as  follows ;  to  wit: 

Resolved,  That  the  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves,  without  the  consent  of  their  own- 
er or  owners;  or  without  paying  their  owners  previous  to  such  eman- 
cipation, a  full  equivalent  in  money  for  the  slave  or  slaves  so  emanci- 
pated. 


201 

Mr  HESS  offered  the  foregoing  as  an  additional  section  to  the  first 
article. 

Mr  KIMBROUGH  moved  to  lay  it  on  the  table  until  the  first  day  of 
January  next;  and  after  some  discussion  thereon, 

Mr  GARRETT  moved  the  previous  question,  which  being  sustained, 
the  question  was  submitted,  "will  the  Convention  lay  the  resolution 
upon  the  table  until  the  first  day  of  January  next?"  and  determined  in 
the  negative;  ayes  21,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr  HESS, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter ),  Bradshaw,  Cahal,  Cobbs,  Cross,  Gilles- 
py,  Gray,  Kelly,  Kincaid,  Kimbrough,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  McGaughey,  Roadman,  Richardson,  Stephenson, 
Senter,  Scott,  Walton  and  Webster  ;  21. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Blount,  Cannon, 
Childress,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hod- 
ges, Hill,  Huntsman,  Humphreys,  Hess,  Kincannon,  Kendall,  Ledbet- 
ter,  Loving,  Mabry,  Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy, 
Ridley,  Robertson,  Smith,  Smartt,  Sharp,  Ury,  Whitson  and  Weak- 
ey;  37. 

The  question  then  recurred  upon  the  adoption  of  Mr  HESS'  resolu- 
tion, and  being  thereupon  had,  it  was  determined  in  the  affirmative  ; 
ayes  30,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr.  ROADMAX, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Blount,  Cannon,  Childress,  Cobbs, 
Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Ledbetter,  Loving,  Marr,  Nelson,  Por- 
ter, Purdy,  Ridley,  Robertson,  Smith,  Sharp,  Whitson  and  Weakley; 
30. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Cahal,  Cross,  Gil- 
legpy,  Gray,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Mont- 
gomery, Neil,  Roadman,  Richardson,  Stephenson,  Senter,  Scott, 
Smartt,  Ury,  Walton  and  Webster;  27. 

And  the  Convention  adjourned,  until  to-morrow  morning,  nine 
o'clock. 

THURSDAY,  July  31,  1834. 

The  Convention  met  according  to    adjournment,  and  was  opened 
ith  prayer,  by  the  Rev.  Mr  KIMBROUGH,  of  the  Baptist  Church. 
Mr  LEDBETTER,  from  the  select  Committee,  to  whom  was  referred  a 
)lution,  requiring  them  to  ascertain  and  report  the  amount  of  the 
>mmon  school  fund  belonging  to  the  State,  and  for  other  purposes, 
made  the  following 


202 


REPORT. 

^  "The  select  Committee,  to  whom  was  referred  the  resolution  of  the 

Convention,  of  the by  which  they  were  instructed  to  inquire  and 

ascertain,  and  to  report  the  amount  of  the  common  school  funds 
belonging  to  the  State,  in  what  the  same  consists,  whence  de- 
rived, and  how  vested  ;  and  also  what  constitutional  provision 
is  necessary  to  be  made  in  order  to  secure  and  perpetuate  the 
same  for  the  use  of  common  schools  for  ever,  have  had  the  several  sub- 
jects referred  to  them  under  consideration,  and  after  bestowing  upon 
them,  all  the  attention  demanded  of  the  Committee  by  their  paramount 
importance  to  the  people  of  the  State,  beg  leave  respectfully  to 
Report: 

"That  from  the  best  examination  they  have  been  able  to  give  to  the 
matters  referred,  and  from  such  calculations  as  they  have  been  able  to 
make  from  all  the  data  within  their  reach,  it  appears  that  there  has 
been  heretofore  appropriated  by  the  General  Assembly  to  the  use  of 
common  schools,  of  the  capital  of  the  Bank  of  the  State  of  Tennessee, 
and  which  has  been  apportioned  among  the  different  counties  of  the 
State,  the  sum  of  four  hundred  and  fifty-fix  thousand  one  hundred  and 
thirty-three  dollars  and  thirty-three  cents. 

"Various  other  legislative  appropriations  have  been  made  at  different 
times,  among  which  may  be  enumerated,  the  revenue  arising  from  the 
tax  on  lands  entered  at  twelve  and  a  half  cents  per  acre,  and  also  the 
lands  subsequently  entered  at  one  cent  per  acre;  the  donation  made 
by  Mason  Lee,  of  South  Carolina,  to  the  State  of  Tennessee,  by  devise; 
all  other  donations  made  by  devise  or  otherwise,  which  have  been  or 
maybe  made  to  the  state,  arid  not  specifically  made  for  some  other  pur- 
pose; all  escheats  which  shall  accrue  to  the  state;  the  goods  and  chattels, 
rights,  credits  and  eifects,  of  every  person  who  may  depart  this  life, 
within  or  without  this  Slate,  when  such  descendant  shall  have  no  per- 
son of  kin  to  him  or  her,  entitled  by  the  laws  of  distribution  of  this 
State  to  the  same,  and  who  dpes  not  legally  dispose  of  said  estate; 
also,  the  taxes  arising  from  licenses  authorized  to  be  issued  by  the  act 
of  1831,  to  persons  permitted  to  retail  spirituous  liquors.  The  pro- 
bable amount  of  any,  or  all  of  which  said  appropriations,  your  com- 
mittee have  no  means  of  ascertaining  in  a  manner  satisfactory  to 
themselves  or  affording  data  of  sufficient  certainty  to  enable  them  to 
report  the  same  to  the  Convention. 

"All  the  vacant  and  unappropriated  lands  within  the  limits  of  thi 
State,  to  which  the  State  has  title,  or  the  title  to  which  the  State  may 
hereafter  acquire,  therents  and  mesne  profits  of  the  located  school 
lands,  have  also  been  appropriated  by  law  to  the  encouragement  and 
^support  of  common  schools.  The  probable  value  of  said  lands,  and 
the  probable  annual  amount  of  said  rents  and  profits,  your  Committee 
have  not  the  means  of  ascertaining  so  as  to  be  enabled  to  state  or 
estimate  the  same  with  an}  approximation  to  certainty. 


203 

"The  bonus  stipulated  to  be  paid  by  the  Union  Bank  of  the  State  of 
Tennessee,  and  all  (he  profits  which  may  arise  from' the  stock  of  said 
Bank  owned  by  the  State,  after  the  Bonds  of  the  State  shall  have 
been  paid;  the  bonus  agreed  to  be  paid  by  the  Planters'  Bank,  the 
Farmers  and  Merchants'  Bank  of  Memphis,  and  by  the  Tennessee 
Marine  and  Fire  Insurance  Company;  have  been  all  in  like  manner 
appropriated  for  the  benefit  of  common  schools. 

"The  Farmers  and  Merchants'  Bank  of  Memphis,  has  not  yet  been 
organized  and  put  into  operation. 

'•Your  Committee  have  no  means  of  ascertaining  and  reporting  the 
amount  which  will  probably  accrue  to  the  State  from  the  Tennessee 
Marine  and  Fire  Insurance  Company,  the  bonus  being  contingent, 
that  is  to  say,  live  per  cent  is  stipulated  to  be  paid  upon  the  nett  annual 
profits  made  by  the  company;  but  no  bonus  is  to  be  paid  in  any  year, 
when  the  nett  profits  of  that  year  shall  be  less  than  ten  per  cent.  It  is, 
however,  believed  to  be  probable  by  your  Committee,  that  if  said 
Company  should  continue,  and  be  successful  in  business,  the  State,  for 
the  use  of  common  schools,  may  realize  from  this  source  a  considerable 
sum. 

"Your  Committee  submit  the  following  estimates,  which  they 
believe  will  show  the  prohahle  amount  that  may  reasonably  be  expected 
to  accrue  and  be  realized  from  the  Union  and  Planters'  Banks,  at  and 
by  the  time  when  their  charters  will  expire — say,  first  of  January, 
1863. 

UNION  BANK. 

"Bonus. — One  half  of  one  per  cent,  upon  two  millions  of  stock,  will, 
in  twenty-seven  years,  amount  to  §270,000. 

"Dividends. — Dividends  on  live  hundred  thousand  dollars  of  stock 
owned  by  the  State,  at  eight  per  cent,  per  annum,  will  be  -  $40  000 
Deduct  annual  interest  on  State  Bonds 25  000 

§15  000 

"This  sum  of  fifteen  thousand  dollars  per  year,  for  thirty  years,  will 
amount  to  the  sum  of  §450,000,  which  added  to  the  sum  of  §'270,000 
for  bonus,  will  give  the  sum  of  §720,000. 

The  foregoing  estimates,  which  are  made  according  to  the  construc- 
tion given  to  the  Charter  by  the  Board  of  Directors,  may  be  too  large, 
but  your  Committee  have  supposed  that  the  whole  amount  of  stock 
subscribed  and  owned  by  individuals  will  be  paid  in,  in  the  course  of 
three  years,  from  the  time  the  Bank  commenced  business;  and  that  the 
dividends  will  average  eight  per  centum  per  annum,  that  being  about 
the  present  rate  of  nett  profits  as  nearly  us  your  Committee  can  ascer- 
tain the  same.  To  estimate  the  profits  and  dividends  according  to  the 
construction  given  by  the  late  General  Assembly  to  the  Charter,  the 
amount,  as  your  Committee  believe,  wrould  greatly  exceed  that  presented 
by  the  above  calculations. 


204 


PLANTERS'  BANK. 

''• Bonus. — One  half  of  one  per  centum,  upon  two  millions  of  stock, 
will  amount  in  twenty-seven  years  to  $270,000. 

"The  bonus  has  been  calculated  for  twenty-seven  years,  because  the 
Charter  requires  that  the  bonus  shall  be  paid  upon  that  amount,  at  the 
expiration  of  three  years  from  the  time  the  Bank  commenced  business, 
whether  the  whole  amount  of  stock  shall  have  been  paid  in  or  not.  The 
sum  thus  to  be  derived  from  the  Planters'  Bank  when  added  to  the  sum 
which  it  is  estimated  may  be  derived  from  the  Union  Bank,  gives  the 
sum  of  nine  hundred  and  ninety  thousand  dollars,  all  of  which  your 
Committee  believe,  may,  and  will  be  hereafter  realized. 

"The  Common  School  funds  which  have  heretofore  by  law,  been 
apportioned  among  the  different  counties  of  this  State,  so  far  as  your 
Committee  have  been  able  to  ascertain,  are  under  the  control  and 
management  of  a  Board  of  School  Commissioners  in  each.  The  Com- 
missioners for  the  several  counties  of  Carroll,  Henderson,  Madison, 
Maury,  Shelby,  Sumner  and  Williamson  have  subscribed  for  stock  in 
the  Union  Bank  of  the  State  of  Tennessee,  in  different  sums  and  pro- 
portions, but  making  in  the  aggregate,  three  hundred  and  forty-seven 
shares,  upon  whi:h  they  have  paid,  in  the  aggregate,  the  sum  of  nine- 
teen thousand,  six  hundred  and  fifty  dollars. 

"The  portion  of  said  funds  allotted  by  law  to  the  counties  of  David- 
son, Rutherford  and  Bedford,  has  by  authority  of  law,  been  vested  in 
stock  in  the  Nashville,  Murfrecsborough  and  Shelby vi lie  Turnpike 
Company. 

"The  portions  allotted  to  all  the  other  counties  throughout  the  State, 
your  Committee  believe,  has  generally  been  loaned  to  individuals  upon 
personal  security  and  bearing  interest;  and  as  your  Committee  believe, 
is  at  the  present  time  well  secured;  but  under  such  a  system,  they 
believe  the  final  safety  and  security  of  the  same,  to  be  doubtful  and 
precarious,  and  that  unless  a  different  system  is  adopted  the  greater 
part  of  said  funds  will  ultimately  be  squandered  and  lost. 

"After  having  examined  the  subject  with  all  the  care  and  attention, 
which  your  Committee  have  been  able  to  bestow  upon  it,  they  have 
come  to  the  conclusion,  that  the  only  practicable  way  to  secure  all  the 
Common  School  funds  and  resources  now  appropriated  by  law  in  the 
State,  or  which  may  hereafter  be  appropriated,  and  to  render  the  same 
perpetual,  will  be  to  place  the  entire  funds  and  resources  under  the 
general  superintendence  and  care  of  some  responsible  and  vigilant 
officer  of  the  State,  or  of  a  responsible  board  of  commissioners,  who 
shall  have  a  controlling  authority  over  the  said  funds  and  resources, 
and  see  that  they  are  always  secured  whenever  placed  out  at  interest, 
and  with  power  to  withdraw  the  same,  or  any  portion  of  the  same,  when 
not  adequately  secured,  and  to  see  the  same  revested  in  some  other 
profitable  manner  by  loan  or  otherwise;  and  that  such  officer  or  board 
of  commissioners,  shall  make  a  detailed  report  on  oath,  to  each  regu- 


205 

Inr  session  of  the  General  Assembly,  of  the  true  condition  and  situation 
of  said  funds. 

"From  a  document  drawn  up  with  great  care  and  labor  by  the  French 
Government,  and  recently  published,  it  appears  that  in  Russia,  only 
one  child  is  educated  out  of  every  three  hundred  and  sixty-seven 
inhabitants — in  Portugal,  one  in  eighty-eight — in  Poland,  one  in 
seventy-eight — in  France,  one  in  twenty — in  England,  one  in  eleven — 
in  Bavaria,  one  in  ten — in  Prussia,  one  in  six — and  in  the  United 
Slates,  one  in  four. 

"Your  Committee  have  taken  leave  to  quote  the  above  facts,  as 
bearing  flattering  testimony  to  the  rapid  advances  which  the  cause  of 
universal  education  has  already  made  in  these  States,  leaving  far  in  the 
rear  (in  this  respect)  the  oldest  and  best  regulated  governments  in  the 
old  world.  It  is  believed,  however,  that  even  this  estimate,  favorable 
as  it  is  to  the  United  States,  when  contrasted  with  the  condition  of 
other  highly  favored  countries,  does  not  do  justice  to  the  progress 
which  the  cause  of  education  has  made  in  some  of  the  States.  It  has 
been  made  in  reference  to  the  entire  population  of  the  country,  with- 
out making  any  allowance  for  the  slave  population  of  the  south  and 
west — a  population  from  whom  the  benefits  of  education  has  been 
purposely  withheld  in  the  States  in  which  it  abounds. 

"To  the  enlightened  body,  to  whom  this  report  is  submitted,  who 
agree  unanimously,  that  education — and  especially  a  system  of  common 
school  education — should  be  fostered  and  protected  by  the  parental 
care  of  the  Government,  and  who  with  one  voice  will  agree  with  your 
Committee,  that  universal  education  conbtitutes  the  surest  pledge  for 
the  perpetuity  of  our  liberties,  it  might  perhaps  be  deemed  an  act  of 
sepererogation  on  their  part,  to  submit  any  remarks  of  their  own,  by 
way  of  argument,  to  the  attention  and  consideration  of  the  Conven- 
tion.— Living  in  a  country  where  the  people  are  ardently  devoted  to 
civil  liberty — rich  in  intellectual  resources,  and  where  they  are  noble 
and  generous  in  all  their  public  and  private  enterprizes;  where  the 
highest  gems  of  genius  are  as  often  found  in  the  humblest  cottage  as  in 
the  abodes  of  wealth  and  splendor,  and  where  it  is  acknowledged  as  a 
universal  truth,  that  intelligence — that  moral  intelligence  which  edu- 
cation alone  can  impart — is  the  palladium  of  freedom  and  the  'ark  of 
safety'  of  the  union  of  the  Siates — your  Committee  cannot  forbear 
the  present  opportunity  of  felicitating  the  people  of  Tennessee  upon 
the  prospective  benefit  and  blessings  to  the  present  and  future  gener- 
ations, which  they  anticipate  as  the  almost  certain  result  of  the  mea- 
sures which  they  are  about  to  recommend  to  the  favorable  consider- 
ation of  the  Convention,  and  which  they  hope  to  see  matured,  improved 
and  adopted. 

"Influenced  by  these  riews  and  hopes,  your  Committee  recommend 
that  the  following  provision,  to  be  amended  as  the  wisdom  of  the  Con- 
vention may  dictate,  be  incorporated  in  the  Constitution. 

-1.  "Knowledge,  learning  and  virtue  being  essential  to  the  preserva- 
tion of  republican  institutions,  and  diffusing  the  opportunities  and 


206 

advantages  of  education  throughout  the  different  portions  of  the  State, 
being  highly  conducive  to  the  promotion  of  this  end,  it  shall  be  the 
duty  of  the  General  Assembly  in  all  future  periods  of  this  government, 
to  cherish  the  interests  of  literature  and  science,  to  encourage  all 
seminaries  of  learning,  and  all  public  and  private  schools.  And  the 
Fund  called  the  Common  School  Fund,  and  all  the  lands  and  proceeds 
thereof,  dividends,  stocks,  and  other  property  of  every  description 
whatever,  heretofore  by  law  appropriated  by  the  General  Assembly  of 
this  State  for  the  use  of  Common  Schools,  except  what  has  been  legally 
appropriated  otherwise  to  Colleges,  and  all  such  as  shall  hereafter  be 
appropriated,  shall  remain  a  perpetual  fund,  the  principal  of  which 
shall  never  be  diminished  by  legislative  appropriation,  and  the  interest 
whereof  shall  be  inviolably  appropriated  to  the  support  and  encourage- 
ment of  Public  and  Common  Schools  throughout  the  State,  and  for  the 
equal  benefit  of  all  the  people  thereof;  and  no  lav/  shall  be  made 
authorizing  said  fund,  or  any  part  thereof,  to  be  diverted  to  any  other 
use  than  the  support  and  encouragement  of  Public  and  Common 
Schools.  And  it  shall  be  the  duty  of  the  General  Assembly  to  appoint 
some  officer  of  this  State,  or  some  one  board  of  commissioners,  who 
shall  have  the  general  superintendence  and  care  of  such  fund,  under 
such  rules,  regulations  and  restrictions  as  may  be  required  by  law.-' 

2.  "The   above  provisions   shall  not  be  construed  to  prevent  the 
legislature  from  carrying  into  effect  any  laws  that  have  been  passed  in 
favor  of  the  Colleges  or  Universities,  or  from  authorizing  heirs  or  dis- 
tributees to  receive  and  enjoy  escheated  property,  under  such  rules 
and  regulations  as  from  time  to  time  may  be  prescribed  by  law." 

3.  "The  General  Assembly  shall  hereafter,  appropriate       per  cent, 
of  the  annual  nett  revenue  of  the  State,  until  the  year  one  thousand 
eight  hundred  and  sixty-three,  to  the  support  and  encouragement  of 
Public  and  Common  Schools. 

"All  of  which  is  respectfully  submitted, 

WILLIAM  LEDBETTER,  Chairman." 

Mr  MAJBRY  moved  to  strike  from  the  foregoing  report,  the  following; 
to  wit: 

"Also  the  taxes  arising  from  licenses  authorized  to  be  issued  by  the 
act  of  one  thousand  eight  hundred  and  thirty  one,  to  persons  permittee' 
to  retail  spirituous  liquors." 

Mr  BURTON  moved  to  lay  the  report  on  the  table  until  Monday  next; 
which  motion  prevailed. 

Mr  LEDBETTER  moved  a  reconsideration  of  the  vote,  adopting  the 
resolution  of  Mr  NELSON,  of  the  twenty-fifth  instant,  providing  for  the 
appointment  of  a  Committee  after  the  basis  of  representation  is  finally 
settled,  &c. — which  motion  prevailing,  the  said  resolution  was  taken 
up  and  read, 

Mr  SHARP  moved  to  strike  therefrom  the  words,  "One  from  each 
senatorial  district,"  for  the  purpose  of  inserting  the  words  "two  from 
each  congressional  district." 

Mr.  SENTER  moved  a  division;  which  motion  prevailing,  the  ques- 
tion was  thereupon  had  on  striking  out,  and  decided  in  the  negative. 


207 

Mr.  BURTON  then  moved  to  strike  from  said  resolution  the  words 
"so  soon  as  the  basis  of  representation  is  finally  settled;"  which  mo- 
tion was  decided  in  the  affirmative. 

The  resolution  was  thereupon  read  as  amended  and  adopted. 

The  President  appointed  Messrs.  Nelson,  John  A.  M'Kinney,  Ro- 
bert J.  M'Kinney,  Garrett,  Roadman,  Whitson,  Senter,  Sraartt,  Allen, 
Douglass,  Porter,  Cobbs,  Webster,  Childress,  Cheatham, Gordon,  Pur- 
dy,  Ma  rr,  Huntsman  and  Robertson,  the  said  Committee. 

Mr.  STEPHENSON  submitted  the  following  resolution,  at  the  request 
of  Mr.  GREENE,  who  is  absent  from  indisposition ;  to  wit  : 

Resolved,  That  new  counties  maybe  laid  off  by  the  Legislature,  to 
consist  of  not  less  than  four  hundred  square  miles;  but  no  such  new 
county  to  approach  the  court  house  of  an  old  county  or  counties  nearer 
than  twelve  and  one  half  miles,  or  reduce  the  size  of  the  older  county  or 
counties  to  less  than  six  hundred  and  twenty-five  square  miles,  ex- 
cept a  memorial  be  presented  to  the  Legislature  with  not  less  than 
eight  hundred  signers,  who  are  qualified  voters  and  actual  residents 
within  the  limits  intended  for  said  new  county,  setting  forth  a  special 
grievance  under  which  they  labor,  either  by  being  separated  from  their 
court  house  by  impassable  rivers  or  unreasonable  distance.  And  no 
part  of  an  old  county  or  counties  shall  be  taken  off  to  form  a  part  of 
a  new  one  without  the  consent  of  a  majority  of  the  qualified  voters  of 
such  part  of  the  old  county  or  counties. 

The  Convention  then  proceeded  to  the  consideration  of  the  second 
article  of  the  Constitution  as  reported  by  the  Committee  of  the  Whole. 

And  thereupon  the  first,  second,  third,  fourth,  fifth,  sixth,  seventh 
and  eighth  sections  thereof  were  severally  read  and  concurred  with. 

The  ninth  section  of  the  same  article  being  read, 

Mr.  FOGG  moved  to  amend  by  striking  from  the  fourth  line  thereof 
the  words  "the  Legislature,"  and  inserting  in  lieu  thereof  the  word 
'•they,"  and  by  striking  therefrom  the  words  Ciby  the  Governor,"  at 
the  end  of  said  section;  which  motion  prevailing,  the  amendments 
were  thereupon  made. 

Mr.  WEBSTER  moved  further  to  amend  the  said  section  by  adding 
thereto  the  following : 

"And  such  other  business  of  a  public  or  general  nature,  as  the  Gov- 
ernor may  submit  to  them  by  message." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt 
the  amendment?"  and  determined  in  the  negative;  ayes  14,  noes  43. 

The  ayes  and  noes  being  demanded  by  Mr.  WEBSTER, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Cahal,  Cross,  Fulton,  Gillespy,  Gordon,  Hill, 
Kincannon,  Kincaid,  Robertson,  Sharp,  Ury,  Whitson  and  Webster; 
14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Burton, 
Blount,  Cannon,  Childress,  Cobbs,  Cheatham,  Douglass,  Fogg,  Gar- 
rett, Gray,  Hodges,  Huntsman,  Humphreys,  Kelly,  Kendall,  Kim- 


208 

brough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  Jobn  A. 
M'Kinney,  Mabry,  McGaughey,  Montgomery,  Neil,  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith 
Smartt,  Scott,  Walton,  White  and  Weakley;  43. 

The  said  ninth  section  was  thereupon  read  and  concurred  with. 

The  tenth  and  eleventh  sections  were  next  read  and  concurred  with. 

The  twelfth  section  being  read, 

Mr.  HUNTSMAN  offered  the  following  amendment  thereto  : 

"Provided,  that  if  either  the  Speaker  of  the  Senate  or  Speaker  of 
the  House  of  Representatives,  shall  be  called  to  exercise  the  office  of 
Governor,  then  his  office  as  a  member  of  the  General  Assembly,  shall 
be  vacated." 

And  the  sense  of  the  Convention  being  thereon  had,  the  said  amend- 
ment was  rejected. 

The  said  twelfth  section  was  again  read  and  adopted. 

The  thirteenth,  fourteenth,  fifteenth,  sixteenth  and  seventeenth 
sections  were  severally  read  and  concurred  with. 

The  first  section  of  the  third  article  was  next  read. 

Mr.  WEAKLEY  moved  to  amend  by  inserting  the  word  "white"  after 
the  word  "free"  in  the  first  line  of  said  section,  and  thereupon  the 
question  was  had  and  determined  in  the  affirmative;  ayes  33,  nes  23. 

The  ayes  and  noes  being  demanded  by  Mr.  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Bradshaw,  Blount,  Can- 
non, Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrett,  Gordon, Hodges,  Huntsman,  Humphreys,  Kendall,  Kim- 
brough,  Ledbetter,  Loving,  McClellan,  John  A.  McKinney,  Marr, 
Nelson,'  Porter,  Purdy,  Ridley,  Senter,  Sharp,  Whitson  and  Weak- 
ley  ;  33. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Gillespy,  Gray,  Hill,  Kelly,  Kincannon, 
Kincaid,  Robert  J.  McKinney,  Mabry,  JVlcGaughey,  Montgomery, 
Neil,  Roadman,  Richardson,  Robertson,  Stephenson,  Smith,  Smartt, 
Scott,  Walton,  White  and  Webster  ;  23. 

Mr.  JOHN  A.  McKiNNEY  moved  to  amend  the  said  first  section  by 
inserting  the  following  after  the  word  "reside"  in  the  fifth  line  thereof; 
to  wit: 

"Provided,  that  no  person  shall  be  disqualified  from  voting  in  any 
election  in  this  State,  on  account  of  color,  who  is  now  by  the  existing 
laws  of  this  State,  a  competent  witness  in  a  court  of  justice  against  a 
white  man." 

And  the  question  thereon  being  had,  the  foregoing  amendment  was 
received. 

Mr.  SCOTT  moved  further  to  amend  the  said  section  by  inserting  af- 
ter the  word  "upwards"  in  the  first  line  thereof,  the  following;  to 
wit:  "and  every  white  man  subject  to  military  duty,"  and  thereupon 
the  question  was  had  and  determined  in  the  negative  ;  ayes  20  — 
37. 


209 


The  ayes  and  noes  being  demanded  by  Mr.  MAERY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong;,  Alexander,  Cross,  Fulton, 
Gillespy,  Hodges,  Hill,  Humphreys,  Kincaid,  AJcClcllan,  JVIabry, 
McGaughey,  Neil,  Richardson,  Smith,  Smartt,  Sharp,  Scotland  Whit- 
son  ;  20. 

The  negative  voters  are, 

Messrs.  /.Her:,  Bradshaw,  Burton,  Blount,  Cannon,  Childress,  Ca- 
bal, Cobbs,  Cheatham,  Douglass,  Fogg,  Garrett,  Gray,  Gordon,  Hunts- 
man, Kelly,  Kincannon,  Kendall,  Ledbetter,  Loving,  Robert  J.  Mc- 
Kinney,  John  A.  McKinney,  Montgomery,  Marr,  Nelson,  Porter,  Pur- 
dy,  Roadman,  Ridley,  Robertson,  Stephenson,  Senter,  Cry,  Walton, 
White,  Webster  and  Weakley  ;  37. 

Mr.  NELSON  offered  the  following  additional  amendment  to  the  said 
first  section;  to  wit:  "provided  that  all  free  men  of  color  in  this  State, 
shall  he  exempted  from  militia  duty  in  times  of  peace,"  and  the  said  a- 
ineridment  was  received. 

Mr.  CAHAL  moved  to  strike  from  the  fourth  line  of  the  said  section 
the  words  "for  Governor,  members  to  Congress,  and  shall  be  entitled 
to  vote"  which  motion  prevailed. 

Mr.  STEPHEN  SON  moved  further  to  amend  the  said  section  by  adding 
thereto  the  following : 

"Provided  that  no  free  man  who  is  now  a  resident  of  this  State  and 
who  has  heretofore  exercised  the  right  of  voting,  shall  hereafter  be 
debarred  from  that  privilege." 

And  the  question,  "will  the  Convention  adopt  the  amendment"  be- 
ing thereon  had  it  was  determined  in  the  negative  ;  ayes  22,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr.  MCCLET,LAN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong.  Cobbs,  Gillespy,  Gray,  Hill,  Kelly,  Kin- 
cannon,  Kincaid,  Robert  J.  McKinney,  McGaughey,  Montgomery, 
Neil,  Roadman,  Richardson,  Ridley,  Robertson,  Stcphcnson,  Smith, 
Smartt,  Scott  and  Webster  ;  22. 

The  negative  voters  are, 

Messrs.'Alexander,  Bradshaw,  Blount,  Cannon,  Childress,  Cahal, 
Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges, 
Huntsman,  Humphreys,  Kendall,  Kimbrough,  Ledbetter,  Loving,  Mc- 
Clellan,  John  A.  McKinney,  Mabry,  Marr,  Nelson,  Porter,  Purdy, 
Senter,  Sharp,  Ury,  Whitson,  Walton,  White  and  Weakley ;  34. 

Mr.  ROBERTSON  moved  further  to  amend  said  section,  by  adding 
thereto  the  following  :  "And  that  they  shall  also  be  exempt  from  pay- 
ing a  free  poll  tax;"  which  motion  prevailed. 

^6n  motior.  of  Mr.  PURDY,  the  words  "or  district"  were  inserted 
after  the  word  "county"  in  the  fifth  line  of  the  said  section. 

Mr.  CAHAL  offered  the  following  as  an  additional  amendment  ;  to 
wit :  ;cand  provided  also  that  no  person  shall  be  entitled  to  vote  ex- 
cept at  a  precinct  election  established  in  the  district  in  which  he  shall 
reside";  and  the  question  thereon  being  had,  the  said  amendment  was 
rejected.  R 


210 

Mr.  ARMSTRONG  moved  to  amend  by  striking  from  the  second  line  of 
said  section  the  wordhtof "  for  the  purpose  of  inserting  the  words  "a- 
ny  one";  which  motion  was  rejected. 

The  said  first  section  was  thereupon  read  as  amended,  and  adopted. 

The  second  section  of  the  said  third  article  being  read,  Mr.  WAL- 
TON moved  to  strike  from  the  second  line  thereof  the  words  "or  sum- 
mons"; and  thereupon  the  question  was  had  and  determined  in  the  neg- 
ative; ayes  13,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  Allen,  Childress,  Cheatham,  Cross,  Douglass,  Fulton, 
Huntsman,  Ledbetter,  Porter,  Robertson,  Smartt,  Ury  and  Walton: 
IS. 

The  negative  voters  are, 

Messrs-  Armstrong,  Alexander, Bradshaw,  Burton/Blount,  Cannon, 
Cabal,  Cobbs,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill, 
Humphreys,  Keily,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Loving, 
McCleilan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  Mc- 
Gaughey,  Montgomery,  Marr,  Neil,  Nelson,  Purdy,  Roadman,  Rich- 
ardson, Ridley,  Stephcnson,  Senter,  Smith,  Sharp,  Scott,  Whitson, 
White,  Webster  and  Weakley;  44. 

Mr.  CAHAL  moved  a  reconsideration  of  the  foregoing  vote  upon 
striking  out  the  words  "or  summons",  and  thereupon  the  question  was 
submitted,  "will  the  Convention  reconsider?"  and  determined  in  the 
negative  •,  ayes  20,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

Those  who  voted  in  the  affirmative  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Cahal,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Gillespy,  Huntsman,  Kincannon,  Ledbetter, 
Loving,  Porter,  Robertson,  Smartt,  Ury  and  Walton;  20. 

Those  who  voted  in  the  negative  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cobbs,  Garrett,  Gray,  Gordon,  Hodges,  Hill,  Humphreys, 
Kelly,  Kincaid,  Kimbrough,  McCleilan,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  AlcGaughey,  Montgomery,  Marr,  Neil,  Nelson, 
Purdy,  Roadman,  Richardson,  Ridley,  Stevenson,  Senter,  Smith, 
Sharp,  Scott,  Whitson,  White,  Webster  and  Weakley;  37. 

The  said  second  section  was  thereupon  read  and  adopted  without  a- 
mendment. 

The  third  section  of  said  article  being  read, 

Mr.  ROBERTSON  submitted  the  following  in  lieu  thereof,  to  wit : 

"In  all  elections  to  be  made  by  the  General  Assembly,  the  mem- 
bers thereof  shall  vote  viva  voce,  and  their  votes  shall  be  entered  ort 
the  journals.  All  other  elections  shall  be  by  ballot." 

And  thereupon  the  question  was  had  and  determined  in  the  affirma- 
tive; ayes  31,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr.  CROSS, 

The  affirmative  voters  are, 


211 


Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon, 
Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fogg,  Gray, 
Gordon,  Kelly,  Loving,  Robert  J.  McKinney,  McGaughey,  Montgom- 
ery, Marr,  Neil,  Porter,  Purdy,  Robertson,  Stephenson,  Scott,  Whit- 
son,  Walton,  White  and  Weakley  ;  31. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Fulton,  Garrett,  Gillespy, 
Hodges,  Hill,  Huntsman,  Humphreys,  Kincannon, Kincaid,  Kimbrough, 
Ledbetter,  McClelian,  John  A.  McKinney,  Mabry,  Nelson,  Roadman, 
Richardson,  Ridley,  Senter,  Smith,  Smartt,  Sharp,  Ury  and  Webster; 
26. 

And  then  the  Convention  adjourned. 

FRIDAY,  August  1,  1831 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KIMBROUGH  of  the  Baptist  Church. 

Mr.  ALEXANDER  submitted  the  following  : 

Resolved,  That  the  new  Constitution,  after  its  adoption  by  this  Con- 
vention, shall  be  submitted  to  the  people  for  their  ratification  or  rejec- 
tion. 

And  Mr.  MCCI.ELLAN  the  following  : 

Resolved,  That  the  Constitution  be  so  amended,  that  all  elections 
by  the  people  shall  be  by  ballot,  until  the  end  of  the  General  Assem- 
bly which  shall  sit  in  the  year  1838.  And  the  said  General  Assem- 
bly shall  settle  the  principle  of  voting  either  by  ballot  or  viva  voce,  ac- 
cording to  what  they  may  believe  to  be  the  wish  of  a  majority  of  the 
people  of  this  State.  And  when  so  settled  it  shall  be  final. 

Mr.  JOHN  A.  McKiNNEY  submitted  the  following : 

Resolved,  That  in  the  election  of  all  county  officers,  to  be  elected 
by  the  people,  the  officers  so  to  be  elected  shall  have  a  majority  of  all 
the  votes  polled  at  the  election  of  such  officers. 

And  the  rule  being  suspended  the  said  resolution  was,  at  the  instance 
of  Mr.  John  A.  M'Kinney,  ordered  to  the  table. 

Mr.  MONTGOMERY,  through  Mr  Kincannon,  asked  and  obtained  leave 
of  absence  for  a  few  days. 

On  motion  of  Mr.  MABRY,  the  Hon.  John  Bell  was  invited  and  con- 
ducted to  a  chair  within  the  bar  of  the  Convention. 

The  Convention  resumed  the  consideration  of  the  report  of  the 
Committee  of  the  Whole. 

The  fourth  section  of  the  ninth  article  being  read, 

Mr.  ARMSTRONG  moved  to  strike  from  the  fourth  lino  of  said  sec- 
tion, the  words  usix  hundred  and  twenty-five"  for  the  purpose  of  in- 
serting the  words  "five  hundred";  and  thereupon  the  question  was 
had  and  determined  in  the  negative;  ayes  24,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr.  ARMSTRONG, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Cannon,  Chfl 


212 

dress,  Cahal,  Garrett,  Gray,  Gordon,  Hodges,  Kincaid,  Kimbrough, 
McClellan,  Mabry,  McGaughey,  Nelson,  Richardson,  Ridley,  Senter, 
Smirh,  Ury.  Whitson,  Walton  and  Webster;  24. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton, Blount,  Cobbs,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Gillespy,  Hill,  Huntsman,  Humphreys,  Kel- 
ly, Kincannon,  Kendall,  Ledbetter,  Loving,  Robert  J.  McKinney, 
John  A.  McKinney,  Marr,  Neil,  Porter,  Purdy,  Roadman,  Robertson, 
Stephenson,  Smartt,  Sharp,  Scott,  White  and  Weakley  ;  33. 

Mr.  SMITH  moved  to  take  un  the  resolution  submitted  by  him  on  the 
28th  July,  on  the  subject  of  new  counties;  which  motion  prevailing,  the 
said  resolution  was  thereupon  taken  up  and  read,  and  as  amendatory 
of  the  said  fouith  section,  Mr.  Smith  offered  that  part  thereof  which 
provides  "That  new  counties  maybe  established  by  the  Legislature,  to 
consist  of  three  hundred  and  fifty  square  mile>,"  provided  such  new  coun- 
contain  eight  hundred  inhabitants,  and  that  the  content  of  no  older 
county  or  counties  shall  be  reduced  below  five  hundred  square  miles." 

Mr.  FULTON  moved  to  strike  out  eight  hundred  and  insert  one 
thousand,  which  motion  was  rejected. 

Mr.  MCGAUGHEY  moved  a  division,  which  motion  prevailing,  the 
question  was  had  upon  the  adoption  of  that  part  of  Mr.  Smith's  amend- 
ment, which  provides  that  "new  counties  may  be  established,  consist- 
ing of  three  hundred  and  fifty  square  miles,  provided  they  contain 
eight  hundred  free  taxable  inhabitants,"  and  determined  in  the  affirm- 
ative ;  ayes  46,  noes  iO. 

The  ayes  and  noes  being  demanded  by  Mr.  SMITH, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Cannon,  Cahal,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Kelly,  Kincan- 
non, Kincaid,  Kimbrough,  Ledbetter,  Loving,  McClellan,  John  A. 
McKinney,  Mabry,  McGaughey,  Marr,  Neil,  Nelson,  Porter,  Road- 
man, Richardson,  Ridley,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whit- 
son,  Walton,  White,  Webster  and  Weakley;  46. 

The  negative  voters  are 

Messrs.  Alexander,  Blount, Childress,  Cobbs,  Cross,  Kendall,  Pur- 
dy, Robertson,  Stephenson  and  Scott;  10. 

Mr.  CHILDRESS  submitted  the  following  as  an  additional  amend- 
ment to  said  section;  (to  wit:) 

"Resolved,  That  in  all  cases  where  a  new  county  shall  be  laid  off, 
the  citizens  residing  therein  shall  have  a  survey  made  of  said  new 
county,  and  of  the  old  counties  from  which  said  new  county  may  be 
taken,  so  that  it  shall  appear  that)no  one  of  said  counties  shall  be  small- 
er than  their  constitutional  limits ;  which  survey  shall  be  made  by  a 
county  surveyor  or  some  other  acting  under  oath,  which,  when  made, 
shall  be  filed  in  the  office  of  Secretary  of  State." 

And  the  question,  "will  the  Convention  adopt  the  resolution,"  be- 
ing had,  it  was  determined  in  the  negative. 


213 

Mr.  STEPHENSON  called  up  and  offered  as  an  amendment  in  lieu  of 
said  fourth  section,  Mr.  Greene's  resolution  of  yesterday,  which  was 
also  read  and  rejected. 

The  report  of  the  select  committee  on  new  counties,  made  on 
Thursday,  the  24th  July,  was  on  motion  of  Mr.  Webster,  taken  up  and 
read. 

Mr.  WEBSTER  offered  the  following  in  lieu  of  that  part  of  said  re- 
port relating  to  Bedford  county,  and  as  an  additional  amendment  to  the 
said  fourth  section,  (to  wit:) 

"And  provided  further,  that  the  county  of  Bedford  shall  be  an  ex- 
ception to  the  general  rule  herein  contained,  and  may  be  reduced  be- 
low the  present  constitutional  limits  of  old  counties  ;  but  no  new  coun- 
ty line  shall  run  nearer  than  eleven  and  one  half  miles  of  the  seat  of 
justice  of  said  county." 

And  thereupon  the  question  was  had  and  determined  in  the  affirm- 
ative ;  ayes  45,  noes  12. 

The  ayes  and  noes  being  demanded  Mr.  WEBSTER, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter),  Armstrong,  Alexander,  Bradshaw,  Bur- 
ton, Blount,  Cahal,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gilles- 
py,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kincannon, 
Kincaid,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  Robert  J.  Mc- 
Kinney,  John  A.  McKinney,  McOaughey,  Marr,  Neil,  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Senter,  Smith,  Smartt,  Sharp, 
Whitson,  Walton,  Webster  and  Weakley  ;  45. 

Tho«negative  voters  are, 

*  Messrs.  Allen,  Cannon,  Childress,  Douglass,   Humphreys,  Loving, 
jjfahpa^JRobertson,  Stephenson,  Scott,  Dry  and  White;  12. 

?>lr.  WALTON  submitted  the  following  amendment  to  the  said  report 
of  the  select  committee;  to  wit : 

Resolved,  That  the  county  of  Smith  bo  made  an  exception  to  the 
general  provisions  adopted  by  the  Convention  in  relation  to  new  coun- 
ties, and  that  said  county  may  be  reduced  by  the  Legislature,  for  the 
purpose  of  laying  off  a  new  one,  to  four  hundred  square  miles. 

Mr.  ALLEN  moved  to  amend  the  foregoing  amendment  by  adding, 

"And  provided  farther,  that  all  other  counties  in  this  State  shall  be 
exempted  from  the  said  general  provisions." 

On  motion  of  Mr.  HODGES,  the  said  amendments  were  ordered  to  the 
table. 

Mr.  CAHAL  moved  to  strike  from  the  third  line  of  the  said  fourth 
section,  the  words  "and  one  half"  which  was  rejected. 

Mr.  MCCLELLAN  moved  that  the  county  of  Sullivan  be  exempted 
from  the  general  provisions. 

Mr.  LOVING  moved  that  the  counties  of  Dyer  and  Tipton,  be  also 
made  exceptions  to  the  said  general  provisions. 

And  the  question  being  had  upon  the  said  propositions,  severally, 
they  were  determined  in  the  affirmative. 

The  question  then  recurred  upon  a  concurrence  with  the  said  report 
as  amended. 


214 

Mr.  JOHN  A.  McKiNNEY  moved  a  division,  so  that  the  sense  of  the 
Convention  might  be  tested  upon  each  proposition  separately,  which 
motion  prevailing,  the  question  was  thereupon  had  upon  a  concur- 
rence with  that  part  of  said  report  exempting  the  counties  of  Carter, 
Rhea,  Humphreys,  Sullivan,  Dyer  and  Tipton,  and  determined  in  the 
affirmative. 

Mr.  CANNON  moved  further  to  amend  the  said  report  by  adding  "that 
the  county  of  Williamson  be  also  exempted  from  the  general  provis- 
ions." 

But  before  the  question  was  had  thereon,  the  Convention  adjourned. 

SATURDAY,  August  2,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KIMBROUGH  of  the  Baptist  Church. 

The  business  of  the  morning  being  through, 

Mr.  GARRETT  asked  to  be  discharged  from  the  committee  appointed 
to  lay  off  the  Senatorial  and  Representative  districts  :  which  request 
was  granted. 

On  motion  of  Mr.  BURTON,  it  was  ordered  that  Mr.  GILLESPY  be  add- 
ed to  the  said  Committee. 

Mr.  ROBERTSON  submitted  the  following: 

"Whereas,  under  the  new  Constitution,  the  free  men  of  color  wiU 
not  be  entitled  to  exercise  the  right  of  suffrage,  therefore 

"'"Resolved)  That  in  apportioning  the  Senators  and  Representatives 
among  the  different  counties  in  proportion  to  the  number  of  qualified 
voters  in  each,  according  to  the  provisions  of  the  new  constitution,  tffift 
free  colored  population,  be  not  taken  into  the  estimate,  and  that  the 
committee  on  this  subject  be  instructed  accordingly." 

Mr.  GRAY  moved  to  add  Mr.  MONTGOMERY  to  the  committee  on 
Representative  and  Senatorial  districts,  which  motion  was  rejected. 

The  Convention  resumed  the  consideration  of  the  report  of  the  se- 
lect committee  on  new  counties,  and  the  fourth  section  of  the  ninth 
article  of  the  Constitution  as  reported  by  the  Committee  of  the  Whole. 

The  proposition  of  Mr  CANNON,  "to  exempt  the  County  of  William- 
son from  the  general  provisions  of  the  said  report  and  the  fourth  sec- 
tion," which  was  under  consideration  at  the  adjournment  on  last  evening, 
was  taken  up  and  read,  and  thereupon  the  question  was  had  "will  the 
Convention  adopt  the  amendment?"  and  determined  in  the  negative; 
ayes  23,  noes  32. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Blo.unt,  Cannon,  Childress,  Cabal,  Cheathari), 
Garrett,  Gillespy,  Gordon,  Hiil,  Kincannon,  Led^etter,  Loving, 
McClelJan,  Purdy,  Richaidson,  Ridley,  Smith,  Sharp,  Whitson,  Wal- 
ton, Webster  and  Weakley;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),   Allen,   Armstrong,  Bradshaw,  Burton, 


215 


Cobbs,  Cross,  Douglas?,  Gray,  Hodges,  Tluntsir.nn,  Humphreys,  Kelly, 
Kincaid,  Kendall,  Kimbroujji,  Robert  J.  McKinncj,  John  A.  McKin- 
ney,  Mabry,  McGanghcy^  Marr,  Neil.  Ncl.-on,  Porter,  Roadman,  Ro- 
bertson, Stcphenson,  Scnier.  Smart t,  Scott,  Ury  and  While;  3'2. 

Mr  ALLEN  thereupon  effered  the  following: 

"Provided  that  all  that  part  of  Smith  county  which  lies  north  of  a  di- 
rect cast  and  west  line,  to  be  run  across  the  county  from  a  point  that 
will  leave  the  present  court  house  fifteen  miles  south  of  any  part  there- 
of, may  of  itself  or  in  conjunction  with  the  territory  of  other  adjoining 
counties,  be  formed  into  a  separate  county.  Also  all  that  part  of  Smith 
county  which  lies  south  of  a  direct  east  and  west  line,  to  be  run  across 
the  county  from  a  point  that  will  leave  the  present  court  house  fifteen 
miles  north  of  any  part  thereof,  may  of  itself  or  in  conjunction  with 
the  territory  of  other  counties  be  formed  into  a  separate  county,  in  such 
ni.irnicr  as  the  Legislature  may  hereafter  direct;  whenever  it  shall  be 
made  appear  that  a  majority  of  the  taxable  inhabitants  within  the 
bounds  intended  to  be  separated  consent  thereto." 
-  Mr  BURTON  offered  the  following  in  lieu  of  the  foregoing;  to  wit: 

^Provided  that  the  excess  of  territory  above  six  hundred  and  twenty 
five  square  miles,  if  any  there  shall  be,  in  the  counties  of  S  nitb,  Wil- 
son  and  Warren,  shall  be  taken  from  the  south  ends  of  Smith  and  Wil- 
son, and  the  north  end  of  Warren,  said  new  county  to  consist  of  net 
less  than  three  hundred  and  fifty  square  miles:  and  provided  further, 
that  in  laying  off  said  new  county,  it  shall  not  approach  the  court  house 
of  any  old  county  nearer  than  twelve  and  a  half  miles  " 

Mr  KIMBKOUGH  moved  to  lay  the  foregoing  amendments  and  the  re- 
port of  the  Committee  on  the  table,  which  motion  failing,  the  question 
was  had  on  the  adoption  of  Mr  Burton's  amendment,  and  determined 
in  the  negative;  ayes  3,  noes  54. 

The  ayes  and  noes  being  demanded  by  Mr  BURTON, 

The  affirmative  voters  are; 

Messrs.  Burton,  Cannon  and  Douglass;  3. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Blount,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gar- 
rett,  Gillespy,  Gray,  Gordon,  Hodges, Hill,  Huntsman,  Humphreys,  Kel- 
ly, Kincannon,  Kincaid,  Kendall,  Kimbrough,  Led  better,  Loving,  Mc- 
Clcllan,  Robert  J.  McKinney,  John  A.  Mclvinney,  Mabry,  McGaugh- 
ey,  Marr,  Neil,  Nelson,  Pcrter,  Purdy,  Roadman,  Richardson,  Ridley, 
Sobertson,  Stephenson,  Senter,  Smith,  Srnartt,  Sharp,  Scott,  Ury,  Whit- 
son,  Walton,  White,  WebsUr  and  Weakley;  54. 

Mr  MABRY  then  offered  the  following  in  lieu  of  the  said  fourth  sec- 
tion, and  in  lieu  of  Mr  ALLEN'S  amendment;  to  wit: 

'•New  counties  may  be  established  by  the  Legislature,  to  consist  of 
not  less  than  three  hundred  and  fifty  square  miles;  the  old  counties  shall 
in  no  case  be  reduced  below  six  hundred  and  twenty  five  square  miles; 
nor  shall  the  present  county  scats  be  removed  from  their  respective 
places  as  now  located  and  established.  Nor  shall  any  new  ccun- 


216 

ty  be  laid  off  and  established  with  less  contents  than  six  hundred  and 
twenty-five  square  miles,  unless  such  new  county  shall  contain  eight 
hundred  qualified  voters.  Nor  without  the  concurrent  vote  of  two 
thirds  of  such  qualified  voters." 

And  thereupon  the  question  was  submitted,  "will  the  Convention  a- 
dopt  the  amendment?"  and  determined  in  the  negative;  ayes  3,  noes 51, 

The  ayes  and  noes  being  demanded  by  Mr  MABRY, 

The  affirmative  voters  are, 

Messrs.  Hodges,  Mabry  and  Robertson;  3. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hill,  Hunts- 
man, Humphreys,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough, 
Lcdbettcr,  Loving,  McCleilan,  Robert  J.  McKinney,  John  A.  McKin- 
ney,  McGaughcy,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Rich- 
ardson, Ridley,  Stephenson,  Scnter,  Smith,  Smartt,  Sharp,  Scott,  Uiy, 
Whitson,  Walton,  White,  Webster  and  Weakley;  54. 

Mr  CIIILDRESS  thereupon  submitted  the  following,  in  lieu  of  the  said 
fourth  section,  and  in  lieu  of  Mr  Allen's  amendment;  to  wit: 

"New  counties  may  be  established  by  the  Legislature,  to  consist  of 
rso  less  than  three  hundred  and  fifty  square  miles,  containing  a  popula- 
tion of  eight  hundred  qualified  voters,  and  such  new  county  shall  not  ap- 
proach the  court-house  of  an  old  county  or  counties  nearer  than  twelve 
miles,  or  reduce  such  older  county  or  counties  to  less  than  five  hundred 
and  twenty-five  square  miles,  except  the  special  exceptions  of  Carter, 
Humphreys  and  Rhea.  No  part  of  an  old  county  or  counties  shall  be 
taken  off  to  form  part  of  a  new  one  without  the  consent  of  a  majority 
of  the  qualified  voters  of  such  part  of  the  old  county  or  counties  so 
stricken  olF.  And  provided  further,  that  in  no  case  shall  the  county  seat 
be  removed,  in  consequence  of  said  alterations  or  on  any  other  account, 
without  the  consent  of  two  thirds  of  the  members  of  both  Houses  of 
the  Legislature." 

Mr  MCCLELLAN  moved  to  strike  from  the  foregoing  amendment  the 
words  "twelve  miles"  and  insert  in  lieu  thereof  the  words  "ten  miles," 
which  motion  failing,  the  question  upon  the  adoption  of  Mr  Childress's 
amendment,  was  thereupon  had  and  determined  in  the  negative;  ayes 
24,  noes  32. 

The  ayes  and  noes  being  demanded  by  Mr  CIIILDRESS, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Can- 
non, Childress,  Cahal,  Garrett,  Gray,  Gordon,  Huntsman,  Kincaid, 
Kimbrough,  Ledbetter,  McCleilan,  Nelson,  Roadman,  Richardson,  Rid- 
Jey,  Scnter,  Smith,  Ury,  Walton  and  Webster;  24. 

The  negative  voters  are, 

Messrs.  Allen,  Burton,  Blount,  Cobbs,  Cheatham,  Cross,  Douglas?, 
Fulton,  Fogg,  Gillespy,  Hodges,  Hill,  Humphreys,  Kelly,  Kincannon, 
Kendall,  Loving,  Robert  J.  McKhmcy,  John  A.  McKinney,  Mabry, 


217 

McGaughcy,  Marr,  Neil,  Porter,  Robertson,  Stcphcnson,  Smartl,  Sharp, 
Scott,  Whitson,  White  and  Weakley;  32. 

The  question  then  recurred  upon  the  adoption  of  Mr  Allen's  amend- 
ment and  being  thereon  had,  it  was  determined  in  the  affirmative. 

Whereupon  Mr  HUNTSMAN  submitted  the  following,  in  lieu  of  the 
«a:cl  fourth  section  as  amended  to  wit: 

"New  counties  may  be  established  by  the  Legislature,  to  consist  of 
not  less  than  three  hundred  and  fifty  square  miles,  p.nd  shall  con- 
tain a  population  of  hundred  qualified  voters.  Such  new  coun- 
ty line  shall  not  approach  the  court  house  of  any  old  county  from  which 
it  may  be  taken,  nearer  than  twelve  miles,  except  in  the  special  cases 
provided  for  in  regard  to  the  counties  of  Carter,  Rhea,  Humphreys, Tip- 
ton  and  Dyer.  No  part  of  an  old  county  shall  be  taken  off  to  form  a 
new  one,  or  a  part  thereof,  without  the  consent  of  a  majority  of  the  qual- 
ified voters  in  such  part  taken  off.  And  in  all  cases  where  an  old  coun- 
ty may  be  reduced  for  the  purpose  of  forming  a  new  one,  the  seat  of 
justice  in  said  old  county  shall  not  be  removed  without  the  concurrence 
of  two  thirds  of  both  branches  of  the  Legislature;  nor  shall  such  old 
county  be  reduced  to  less  than  five  hundred  and  fifty  square  miles." 

Mr  WALTON  moved  an  adjournment  which  was  determined  the  nega- 
tive; ayes  18,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirmative  voters  arc, 

Messrs.  Armstrong,  Alexander,  Blount,  Childress,  Cabal,  Cobbs,  Doug- 
lass, Fulton,  Fogg,  Garrett,  Gillespy,  Kincaniion,  Loving,  Marr,  Road- 
man, Smith,  Walton  and  Weakley;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Burton,  Cannon,  Cheat- 
ham,  Cross,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess, 
Kelly,  Kiacaid,  Kendall,  Kimbrough,  Ledbettcr,McClellan,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Neil,  Nelson, 
Porter,  Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smartt, 
Sharp,  Scott,  Ury,  Whitson,  White  and  Webster;  39. 

The  question  then  recurred  upon  the  adoption  of  Mr  Huntsman's  a- 
mendmcnt,  and  being  thereon  had,  it  was  determined  in  the  affirmative; 
ayes  29,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Can- 
non, Childress,  Cahal,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hunts- 
man, Hess,  Kincaid,  Ledbetter,  Loving,  McClellan,  McGaughey,  Nel- 
son, Road  man,  Richardson,  Ridley,  Senter,  Smith,  Ury,  Whitson,  Wal- 
ton and  Webster;  29. 

The  negative  voters  are, 

Messrs.  Allen,  Burton,  Blount,  Cobbs,  Chr.atham,  Cross,  Douglass, 
Fulton,  Fogg,  Hill,  Humphreys,  Kelly,  Kincannon,  Kendall,  Robert 
J.  McKinney,  John  A.  McKinney,  Mabry,  Marr,  Neil,  Porter,  Robert- 
son, Stephenson,  Smartt,  Sharp,  Scott,  White  and  Weakley;  27. 

And  thereupon  the  Convention  adjourned. 


218 


MONDAY,  August  4,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Reverend  Mr  HESS,  of  the  Cumberland  Presby- 
terian Church. 

The  business  of  the  morning  being  through: 

The  Convention  resumed  the  consideration  of  the  fourth  section  of 
the  ninth  article:  in  lieu  of  which  Mr  MABRY  offered  the  following;  to 
wit: 

"New  counties  may  be  established  by  the  Legislature,  to  consist  of 
not  less  than  three  hundred  and  seventy-five  square  miles.  The  old 
counties  shall  in  no  case  be  reduced  below  five  hundred  square  miles;  nor 
shall  the  old  county  seat  or  seats  of  justice  be  removed,  in  consequence 
of  forming  of  new  counties,  as  they  are  now  established;  nor  shall  the 
lines  of  any  new  county  run  within  less  than  ten  miles  of  the  old  coun- 
ty seats;  norshall  the  Legislature  establish  any  new  county  with  a  less 
number  of  qualified  voters  than  eight  hundred ;  nor  shall  any  new  county 
be  established  without  the  concurrent  vote  of  two-thirds  of  the  qualified 
voters  of  said  new  county." 

Mr  HUNTSMAN  moved  to  lay  the  fourth  section  of  the  ninth  article, 
together  with  the  amendments  proposed  thereto,  on  the  table;  which 
motion  prevailed. 

The  Convention  then  returned  to  the  consideration  of  the  third  sec- 
tion of  the  third  article. 

Mr  ROBERTSON  moved  a  concurrence  with  the  third  section  as  amend- 
ed by  him: 

Mr  CAHAL  moved  a  division  of  the  question ;  which  motion  was  re- 
jected: 

The  third  section  was  thereupon  read,  as  amended;  and  the  question 
"will  the  Convention  adopt  the  said  section?"  being  had,  it  was  deter- 
mined in  the  affirmative;  ayes  30,  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKmKBY, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  BJount,  Cannon,  Cobbs,  Cheatham, 
Cross,  Douglass,  Fogg,  Gray,  Gordon,  Huntsman,  Hess,  Kelly,  Kendall, 
Led  better,  Loving,  Robert  J.  McKinney,  McGaughey,  Ncal,  Porter, 
Purdy,  Robertson,  Stephenson,  Scott,  Ury,  Whitson,  Walton  and 
White;  30. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Cahal,  Fulton,  Garrett,  Gilles- 
py,  Hodges,  Hill,  Humphreys,  Kincaid, Kimbrough,  McClellan,  John  A. 
McKinney,Mahry,  Nelson,Roadman,  Richardson,  Senter,  Smartt,  Sharp, 
Webster  and  Weakley;  22. 

The  Convention  then  proceeded  to  the  consideration  of  the  fourth 
article;  and  the  first  section  being  read,  was  concurred  with. 

The  second  section  was  next  read. 

Whereupon  Mr  BURTON  moved  to  strike  out  said  second  section;  and 


219 

the  question  being  bad  on  striking  out,it  was  determined  in  the  affirma- 
tivr;  ayes  32,  noes  2*2. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmafivc  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Blount,  Cannon,  Cahnl,  Cheatham, 
Fulton,  Fogg,  Garrett,  Gray,  Gordon,  Hodges,  Kincaid,  Kendall,  Kim- 
brough,  Loving,  McClellan, Robert  J.  McKinney,  Mr.bry,  McGaughey, 
Marr,  Neil.  Porter,  Purdy.Stephenson,  Smartt,  Sharp,  Scott,  Ury,  Whit- 
son  and  White;  32. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Childress,  Cobb=,  Cross.  Dou- 
glass Gillespy,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Ledbetter, 
John  A.  McKinney,  Nelson,  Roadman,  Richardson,  Ridiey,  Sentcr, 
Walton,  Webster  and  Weakley;  22. 

Mr  GORDON  submitted  the  following,  in  lieu  of  the  said  second  section; 
to  wit: 

"The  House  of  Representatives  shall  elect  from  their  own  body  not 
exceeding  members,  whose  duty  it  shall  be  to  prosecute  such 

impeachments;  but  no  impeachment  shall  be  tried  until  the  Legisla- 
ture shall  have  disposed  of  the  legislative  business  for  which  they  were 
assembled,  when  the  two  Houses  as  a  legislative  body  shall  adjourn  sine 
die,  leaving  the  Senate  as  a  Court  of  Impeachment  to  try,  and  the  mana- 
gers on  the  part  of  the  House  to  prosecute,  such  impeachment." 

In  lieu  of  which  Mr  RIDLEY  submitted  the  following;  to  wit: 

-'All  impeachments  shall  be  tried  before  a  Court  provided  specially 
by  law  for  that  purpose." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative. 

Mr  GRAY  then  offered  the  following  as  amendatory  of  Mr  Gor- 
don's amendment;  to  wit: 

"All  impeachments  shall  be  tried  by  the  Senate;  when  sitting  for  that 
purpose,  the  Senators  shall  be  upon  oath  or  affirmation.  No  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  Senators 
present." 

Which  was  accepted  by  Mr  GORDON. 

Mr  BURTON  moved  to  fill  the  blank  with  the  word  "three";  which 
motion  prevailed. 

Mr  WEBSTER  moved  to  strike  out  the  word  "present",  and  insert  the 
words  Sworn  to  try  the  officer  so  impeached";  and  the  question  being 
had  on  striking  out  and  inserting,  it  was  determined  in  the  affirmative. 

The  question  was  then  had  upon  the  adoption  of  said  amendment, 
afi  amended,  and  determined  in  the  affirmative. 

The  question  then  recurred  upon  the  concurrence  with  the  report  of 
the  Committee,  as  amended,  on  the  second  section  of  the  fourth  article; 
and  was  determined  in  the  affirmative. 

The  third  section  of  the  fourth  article  being  read, 

Mr  GRAY  moved  to  strike  out  the  words  ^judges  of  the  supreme  court 
judges  of  the  circuit  court,  chancellors",  and  to  insert  "judges  oi  the 


220 

respective  courts  of  law  and  equity";  and  the  question  being  had  thero 
on,  it  was  determined  in  the  affirmative. 

Mr  CANNON  moved  to  strike  out  of  said  section  the  word  "accept", 
and  insert  the  word  "fill";  and  the  question  being  had  thereon,  it  was 
determined  in  the  affirmative. 

The  said  third  section,  as  amended,  was  thereupon  read  and  con- 
curred with. 

The  fourth  section  being  read, 

Mr  JOHN  A.  McKiNNEY  moved  to  insert,  after  the  first  word  "all",  the 
words  "justices  of  the  peace  and";  and  the  question  being  had  thereon, 
it  was  determined  in  the  affirmative. 

The  said  fourth  section,  as  amended,  was  thereupon  read  and  con- 
curred with. 

The  first  section  of  the  fifth  article  being  read, 

Mr  FOGG  offered  the  following  amendment;  to  wit: 

The  judicial  power  of  this  State  shall  be  vested  in  a  supreme 
court,  and  in  such  inferior  courts  as  the  Legislature  shall,  from  time  to 
time,  ordain  and  establish." 

Mr  WHITE  moved  to  amend  the  foregoing  amendment,  by  striking" 
out  the  word  "a"  before  the  woids  "supreme  court",  and  insert  the  word 
"one";  which  motion  prevailed. 

The  question  was  then  had  on  Mr  FOGG'S  amendment,  as  amended; 
and  the  same  was  adopted. 

Mr  CANNON  offered  the  following,  in  lieu  of  the  first  section  of  said 
article;  to  wit: 

"The  Judicial  power  of  this  State  shall  be  vested  in  such  superior 
and  inferior  courts  of  law  and  equity  as  the  Legislature  shnll,  from  time 
to  time,  direct  and  establish." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative;  ayes  20,  noes  36. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Cahal,  Cheatham,  Dou- 
glass, Fulton,  Fogg,  Gillespy,  Gordon,  Huntsman,  Kincaid,  Loving, 
Porter,  Richardson,  Ridley,  White,  Webster  and  Weakiey;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Cobbs, 
Cross,  Garrett,  Gray,  Hodges,  Hill,  Humphreys,  Hess,  Kelly,  Ken- 
dall, Kimbrough,  Ledbetter,^McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil,Nelson,Pur- 
dy,  Roadman,  Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott, 
U*y,  Whitson  and  Walton;  36. 

Mr  LEDBETTER  moved  to  strike  out  of  said  section  the  words  "be 
ejected  from  and";  and  the  question  being  had  on  striking  out,  it  was 
determined  in  the  affirmative;  ayes  34,  noes  2*2. 

The  ayes  and  noes  being  demanded  by  Mr  HODGES, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Burton,  Cannon,  Childress,  Cabal,  Cheat- 


221 

ham,  Cross,   Fulton,  Fogg,  Gray,  Gordon,  Huntsman,  Hess,  Kelly, 
Kincaid,  Kendall,  Lcdbetter,  Loving,  Robert  J.  M'Kinney,  Montgome- 
ry, Marr,  Nelson,  Porter,  Purdy,  Richardson,  Ridley,  Smartt,   Sharp, 
Scott,  Ury,  White,  Webster  and  Weakley;  34. 
The  negative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Blount,  Cobbs,  Douglass, 
Garrett,  Gillespy,  Hodges,  Hill,  Humphreys,  Kimbrough,  McClellan, 
John  A.  M'Kinney,  Mabry,  McGaughey,  Neil,  Roadman,  Robertson, 
Stephenson,  Senter,  Whitson  and  Walton;  22. 

Mr  BURTON  then  moved  to  strike  out  of  said  section  the  words  "one  of 
whom  shall  reside";  and  the  question  being  had  thereon,  it  was  deter- 
mined in  the  negative;  ayes  13,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  r.ffirmative  voters  arc, 

Messrs.  Allen,  Burton,  Cahal,  Cheatham,  Douglass,  Fulton,  Gordon, 
Kincaid,  Montgomery,  Robertson,  Sharp,  Ury  and  White;  13. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Cannon, 
Childress,  Cobbs,  Cross,  Fogg.  Garrett,  Gillespy,  Giay,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kenda1!,  Kimbrough,  Led  better, 
Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaugh- 
ey, Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Stephenson,  Senter,  Smartt,  Scott,  Whitson,  Walton,  Webster  and 
Weakley;  42. 

Mf  HUMPHREYS  moved  to  strike  out  of  said  section  the  following 
words,  "except  such  jurisdiction  other  than  appellate  as  said  court  has 
now  .by  law";  and  the  question  being  had  thereon,  it  was  determined  in 
the  negative. 

Mr*  COBBS  moved  to  strike  out  of  said  section  the  following  words, 
"except  such  jurisdiction  other  than  appellate  as  said  court  has  now  by 
law,"  and  insert  the  words,  "except  such  jurisdiction  as  may  hereafter 
be  given  by  law,"  and  the  question  being  had  thereon,  it  was  determin- 
ed in  the  negative. 

Mr  KINCAID  moved  to  strike  out  of  said  section  the  words,  "as  said 
:ourt  has  now  by  law,"  and  insert  the  words,  "as  is  now  conferred,  by  law 
>n  the  present  supreme  court,"  and  the  question  being  had  thereon,  it 
tyas  determined  in  the  affirmative. 

Mr  COBBS  offered  the  following  as  a  further  amendment  to  the  said 
irst  section  to  wit: 

"After  the  year  one  thousand  eight  hundred  and  forly-fotir  the  legis- 
lature may  in  their  discretion  increase  the  number  of  Judges  of  the  su- 
preme court  to  five,  but  it  shall  always  consist  of  an  odd  number,  and  a 
majority  of  the  whole  number  be  necessary  to  make  a  decision." 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
Uive;  nycs  23,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Burton,  Cannon,  Childress,  Cahal,  Cobbs,  Cheat- 


222 

ham,  Fulton,  Fogg,  Gnrrett,  Gordon,  Huntsman,  Kincaid,  Loving,  Ro- 
bert J.  McKinnej,  Montgomery,  Marr,  Purdy,  Ridley,  Sharp,  Ury, 
Walton  and  White;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Blount,  Cro?s,  Douglass, 
Gillespy,  Gray,  Hodges,  Hill,  Humphreys,  Hess,  Kelly,  Kendall,  Kim- 
broush,  Ledbetter,  McClellan,  John  A.  McKinney,  Mabry,  McGaugh- 
ey,  Neil,  Nelson,  Porter,  Roadman,  Richardson,  Robertson,  Stephensou, 
Scnter,  Smartt,  Scott,  Whitson,  Webster  and  Weakley;  33. 

Mr  CAHAL  offered  the  following  in  lieu  of  the  said  first  section,  to  wit: 

<;The  judicial  power  shall  be  vested  in  a  supreme  court  of  appeals 
in  such  inferior  courts  as  the  Legislature  may  from  time  to  time  ordain, 
and  establish,  and  the  Judges  thereof,  and  in  justices  of  the  peace. 
The  jurisdiction  of  their  tribunals  and  of  the  Judges  thereof  shall  be 
regulated  by  law." 

And  the  question  being  bad  tbereon,  it  was  determined  in  the  nega- 
tive. 

Mr  FULTON  moved  to  amend  tbe  said  first  section  by  adding  the  fol- 
lowing words  after  the  word  "establish",  to  wit:  "and  in  Judges  thereof, 
and  in  Justices  of  the  peace:"  which  amendment  was  accepted. 

The  said  first  section  as  amended  was  thereupon  read  and  concurred 
with, 

And  thereupon  the  Convention  adjourned. 

TUESDAY,  August  5th,  1834. 

Tiie  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Reverend  Mr  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr  KINCAID  moved  that  the  paper  submitted  by  bim  heretofore,  con- 
taining his  reasons  why  he  voted,  that  the  Convention  should  not  act 
upon  the  subject  of  emancipation:  and  also  why  he  voted  against  the 
report  of  the  select  committee,  of  the  nineteenth  June,  on  that  subject, 
because  it  contained  sentiments  he  could  not  sanction,  be  taken  up  and 
considered;  which  motion  prevailing,  the  said  paper  was  accordingly 
taken  up  and  read. 

Mr  KINCAID  moved  that  it  be  entered  on  the  Journals,  and  after  some 
discussion  had  thereon: 

Mr  GORDON  moved  the  previous  question,  which  was  not  sustained. 

The  question  was  thereupon  had,  ''shall  the  said  protest  be  entered 
upon  the  Journal  of  the  Convention,"  and  determined  in  the  affirma- 
tive ;  ayes  40,  noes  14. 

The  ayes  and  noes  being  demanded  by  MR  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Bur- 
ton, Blount,  Cannon,  Cahal,  Cobbs,  Cross,  Douglass,  Fulton,  Fogg, 
Garrett,  Gillespy,  Gray,  Gordon,  Hill,  Hess,  Kelly,  Kimbrough,  Mc- 
Gaughey,  Montgomery,  Marr,  Neil,  JNelson,  Porter,  Purdy,  Roadman, 


223 

Richardson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott,  Ury,  Whitson, 
Walton,  White  and  YV'ebster;  40. 
.    The  negative  voters  are, 

Messrs.  Childress,  Cheatham,  Hodges,  Huntsman,  Humphreys, 
Kendall,  Ledbetter,  Loving,  McClellan,  John  A.  McKinney,  Mabry, 
Ridley,  Robertson  and  Wealdey;  14. 

Whereupon  it  was  ordered,  that  the  said  protest  be  entered;  which 
are  in  the  words  following;  to  wit: 

"Upon  the  subject  of  emancipation,  which  was  presented  to  the  con- 
sideration of  the  Convention,  by  the  memorials  that  were  received  from 
different  sections  of  the  country  relative  thereto;  a  resolution  was  intro- 
duced which  proposed  that  a  Committee  be  raised,  to  consist  of  thirteen 
members,  to  take  the  subject  into  consideration,  and  report  to  the  Con- 
vention some  plan  or  system,  by  which  the  emancipation  of  the  slaves 
of  Tennessee,  could  in  future  take  place;  and  by  which  that  descrip- 
tion of  our  population,  when  thus  emancipates,  should  be  removed  from 
the  country  and  colonized.  A  motion  was  made  to  lay  that  resolution 
on  the  table  until  the  fiist  of  January,  by  which  time  it  was  expected 
that  a  full  expression  of  the  Convention  would  be  had,  as  to  whether 
it  would  act  upon  the  subject  of  emancipation  or  not;  while  the  afore- 
said resolution  was  before  the  Convention,  the  undersigned  gave  the  rea- 
sons why  he  should  vote  for  postponing  the  resolution  to  a  day  beyond 
the  session,  and  why  he  believed  the  Convention  should  not  act  upon  the 
subject  of  emancipation  nt  all.  By  a  vote  of  a  large  majority  of  the 
Convention,  the  resolution  was  laid  on  the  table  until  the  first  of  Janua- 
ry; and  thereupon  a  resolution  was  adopted  raising  a  committee  of 
three  members  to  draft  the  reasons  why  the  Convention  would  not  act 
upon  the  subject,  and  make  report  thereof  to  the  Convention,  in  order 
that  the  people  of  the  State  and  the  world,  might  be  put  in  possession 
of  those  reasons. 

The  undersigned  objects  to  some  of  the  reasons  adduced  in  the  report 
of  the  committee  as  not  being  such  as  influenced  his  mind  in  determining 
him  to  vote  as  he  did,  that  the  Convention  should  not  act  upon  the  afore- 
said subject.  The  most  exceptionable  part  of  the  reasoning  and  conclu- 
sions contained  in  the  report,  in  the  opinion  of  the  undersigned,  he 
moved  to  strike  out  of  it,  whilst  the  report  was  before  the  Conven- 
tion, before  its  adoption.  The  majority  of  the  Convention  refused  to 
strike  out  the  part  proposed  to  be  stricken  out — and  adopted  the  entire 
report.  Not  being  able  to  get  the  exceptionable  part  of  the  report 
stricken  out,  he  was  therefore  constrained  to  vote  against  it,  hence  he 
would  briefly  state  the  reasons  which  induced  him  to  believe  that  the 
Convention  should  not  act  upon  the  subject  of  emancipation  by  adopt- 
ing any  provision  in  the  Constitution,  either  as  designating  any  partic- 
ular principle  upon  whirh  emancipation  should  hereafter  take  place,  or 
as  directory  to  the  Legislature  in  future,  requiring  it  to  act  upon  the 
subject.  And  also  he  would  examine  some  of  the  reasoning  used  and 
the  conclusions  deduced  therefrom  in  that  part  of  the  report  of  the 
committee  which  the  undersigned  moved  to  have  striken  out. 


224 

The  undersigned  holds  the  opinion  entertained  by  many  others, 
perhaps  a  large  majority  of  the  people  of  the  State  of  Tennessee,  that 
slavery  is  a  great  moral  and  political  evil,  and  that,  at  some  period  or 
other,  a  plan  or  system  of  emancipation  will  be  adopted,  whereby  the 
evil  will  be  removed  from  this  country  ;  yet  he  believes  that  the  most 
of  persons,  who  have  reflected  on  the  subject,  look  to  a  very  distant 
day  as  the  period  when  such  an  event  will  happen  :  and  therefore,  that 
any  steps  which  might  be  taken  on  the  subject  by  the  Convention, 
would  be  premature  ;  and  what  the  public  had  not  anticipated,  and 
consequently  would  be  calculated  to  produce  great  excitement  with  the 
people,  and  lead  to  a  rejection  of  the  amended  Constitution. 

Again  ;  because  he  believes  it  would  have  been  altogether  inexpe- 
dient for  the  Convention,  unadvised  by  the  people,  to  exercise  a  power 
in  this  matter,  when  the  Legislature  ;  at  any  time  that  it  would  be  de- 
sired by  the  people  themselves,  that  a  system  of  emancipation  should 
be  established,  could  exercise  that  power;  and  under  these  circumstan- 
ces, if  the  slave  holders  were  to  receive  compensation  for  their  pro- 
perty and  unite  with  all  others  in  the  adoption  of  a  system  whereby 
the  evil  would  be  removed  from  our  country,  the  harmony  of  society 
would  not  be  broken  up. 

This  being  a  power  then,  that  the  people  could  exercise  through  the 
Legislature,  under  the  present  Constitution  ;  the  undersigned  would 
not  only  be  unwilling  for  the  Convention  to  exercise  it,  by  adopting  a 
provision  in  the  Constitution  upon  the  subject  ;  but  he  would  be  un- 
willing to  abridge  the  power  of  the  Legislature  from  acting  in  future 
upon  the  subject,  whenever  it  might  be  desired  by  the  people,  by  a- 
dopting  any  provision  in  the  Constitution  restricting  that  power.  It  is 
the  wish  of  the  undersigned  to  leave  that  subject  in  future,  as  hereto- 
fore, with  the  people  and  the  Legislature. 

The  undersigned  will  now  proceed  to  notice  some  of  the  reasoning 
contained  in  that  part  of  the  report,  which  he  moved  to  have  stricken 
out.  The  report  says,  "when  the  free  man  of  color  is  oppressed  by  the 
proud,  or  circumvented  by  the  cunning,  or  betrayed  by  those  in  whom 
he  has  reposed  confidence,  do  the  laws  of  the  land  afford  him  more 
than  a  nominal  protection  ?  Denied  his  oath  in  a  court  of  justice,  un- 
able to  call  any  of  his  own  color  to  be  witnesses,  if  the  injury  he  com- 
plains of  has  been  committed  by  a  white  man,  how  many  of  his  wrongs 
must  remain  unredressed — how  many  of  his  rights  be  violated  with 
impunity.  How  poor  a  boon  does  he  receive  in  receiving  freedom,  if 
what  he  receives  can  be  called  by  that  name. 

Unenviable  as  is  the  condition  of  me  slave,  unlovely  as  slavery  is 
in  all  its  aspects,  bitter  as  the  draught  may  be  that  the  slave  is  doomed 
to  drink)  nevertheless,  his  condition  is  better  than  the  condition  of  the 
free  man  of  color,  in  the  mid&t  of  a  community  of  white  men  with 
whom  he  has  no  common  interest,  no  fellow-feeling,  r»n  equality." 

From  the  above  conclusions  which  the  committee  arrived  at  in  their 
report,  it  would  seem  that  they  hold  slavery  to  be  a  more  enviable  situ- 
tion,  than  that  of  freedom,  under  the  above  circumstances;  therefore,  it 


225 

would  seem  to  follow,  that  those  colored  people,  who  arc  now  free, 
should  be  subjected  to  slavery,  in  order  to  better  their  condition — and 
that  slavery  should  be  rendered  perpetual. 

To  show  the  absurdity  of  the  conclusions  contained  in  that  part  of 
the  report  above  quoted,  the  undersigned  will  briefly  contrast 
tlie  situation  of  the  free  man  of  color,  with  that  of  the  slave;  and 
in  order  to  run  the  parallel  between  them,  he  will  first  examine  the 
condition  of  the  slave.  (^  We  find  him  and  all  his  race  in  a  state 
of  complete  bondage,  not  capable  of  exercising  his  own  will  upon  any 
subject  of  a  temporal  nature,  Dor  scarcely  permitted  to  do  so  upon  spi- 
ritual matters.  lie  owes  passive  obedience  to  the  will  of  his  master  : 
he  dares  not  act  in  obedience  to  the  dictates  of  his  own  will,  even  in 
regard  to  matters  of  minor  consequence,  in  opposition  to  the  will  of 
his  master,  without  incurring  punishment  in  many  instances.  Though 
the  undersigned  is  conscious  that  there  are  many  slaveholders  in  Ten- 
nessee, who  treat  their  servants  humanely,  still  he  believes  that  this 
will  not  apply  as  a  general  rule  to  the  majority.  Where  slaves  are 
owned  in  large  numbers,  by  persons  who  eagerly  seek  after  them, 
for  the  sake  of  making  profit  by  their  labor  it  is  deemed  by 
their  owners  necessary  to  keep  them  under  rigid  discipline  ;  and  gen- 
erally under  the  direction  of  an  overseer  or  task  master,  who  is  cloth- 
ed with  authority  to  inflict  punishment,  for  trivial  offences,  either  of 
commission  or  omission,  in  order  to  insure  that  attention  to  business 
and  his  commands,  by  which  only,  the  owner  can  realize  a  profit,  and 
prevent  their  becoming  an  absolute  expense  to  him.  Being  subject  to 
the  will  of  the  master,  or  overseer  as  we  have  seen  ;  their  persons 
may  be  abused,  by  the  infliction  of  corporal  punishment,  at  his  discre- 
tion or  without  limit,  and  this  even  for  a  supposed  offence;  and  such 
punishment  may  be  repeated  day  after  day  for  the  same  offence;  and  like- 
wise he  may  put  him  upon  a  diet  of  bread  and  water  if  he  choose,  and 
this  in  quantity  barely  sufficient  to  sustain  life.  And  further,  the  slave 
is  necessarily  bound  by  the  will  of  his  master,  if  he  think  Jit,  to  con- 
tinue his  services  night  and  day,  and  upon  his  refusal,  or  omitting  to 
obey  such  unreasonable  commands,  he  may  be  doomed  to  suffer  punish- 
ment to  the  extent  that  the  despotic  will  of  his  owner,  may  think  pro- 
per to  inflict. 

These  are  all  ingredients  which  may  enter  into  the  "draught  of  bit- 
terness1' which  the  slave  is  doomed  to  drink.  But  this  is  not  all.  Can- 
not the  master  part  with  his  right  to  his  slave,  and  sell  him  to  another 
person,  under  whose  government  his  suffering  would  be  far  worse 
than  under  that  of  the  first  owner  ?  And  is  not  this  a  practice  of  ev- 
ery day's  occurrence  ?  And  besides,  the  suffering  of  the  slave  by  the 
infliction  of  punishment  upon  his  person,  and  all  other  punishments  of 
a  minor  character  which  might  be  imposed  upon  him,  and  as  well  that 
of  selling  him  into  a  far  worse  state  of  bondage,  he  may  be,  and  fre- 
quently is,  subjected  to  still  greater  punishment.  The  husband  may 
be  severed  from  his  wife  and  children,  and  in  galling  chains  sent  one 
way — and  the  wife,  dragged  from  the  husband  and  children,  sent  aaoth- 

S 


226 

cr  way — and  the  children  separated  and  sent  different  directions,  not- 
withstanding the  hearts  of  each  may  bleed  from  the  chords  of  affection 
which  bind  them  to  each  other,  being  thus  forcibly  torn  loose  from  their 
bosoms.  These  sufferings  maybe  said  to  be  some  of  the  "gall  of  bit- 
terness" which  also  enters  into  the  ''draught  which  the  slave  is  doom- 
ed to  drink;"  and  do  we  not  see  many  of  them  drinking  from  this  cup 
daily  ?  Yet  we  are  told  that  the  situation  of  the  slave  is  better  than 
that  of  the  free  man  of  color.  This  is  the  clear,  definite  conclusion 
which  is  arrived  at  in  the  report  of  the  committee,  and  which  the  ma- 
jority of  the  convention  has  adopted  as  its  own  sentiment.  Let  usin^ 
quire  therefore  for  a  moment,  what  is  the  situation  of  the  free  man  of 
color,  contrasted  with  that  of  the  slave  ?  Is  not  his  great  and  essential 
rights — that  of  personal  liberty,  personal  security,  and  private  proper- 
ty, and  the  pursuit  ol  happiness,  secured  to  him  by  the  constitution 
and  laws  of  the  land  ?  Can  any  man  violate  those  rights  with  impuni- 
ty ?  Can  he  be  restrained  of  his  liberty  at  the  will  of  any  man  even 
if  he  should  be  a  despot  ?  He  cannot.  Can  his  life  be  put  in  jeopar- 
dy, by  punishment  inflicted  upon  him  at  the  will  and  discretion  of  any 
man  with  impunity?  Or  can  even  stripes  be  inflicted  on  him,  or 
any  corporal  punishment,  at  the  will  of  another  with  impunity.  It 
cannot  be  done.  Is  he  not  secured  in  the  enjoyment  of  his  personal 
property  equally  with  the  white  man  ?  He  is.  And  is  he  not  enti- 
tled to  a  redress  of  his  grievances  for  violation  of  any  of  those  rights  in 
a  court  of  justice  equally  with  the  white  man  ?  Most  certainly  he  is. 
Then  I  would  ask,  are  tbese  blessings — for  by  that  name  I  will  call 
them — secured  to  the  slave  ?  We  have  seen  they  are  not.  Or  is  the 
slave  entitled  to  these  enjoyments  under  our  government  ?  We  know 
that  he  is  not.  Then  how  is  it,  that  the  free  man  of  color,  with  all  this 
liberty  and  all  this  protection,  is  in  a  worse  condition  than  the  slave  ? 
He  is  not  doomed  to  drink  from  the  bitter  cup  of  the  slave.  The  cup 
of  the  free  man  is  sweetened  with  the  blessings  above  enumerated. 

Again  ;  can  the  free  man  of  color  be  torn  from  his  wife  and  family, 
and  driven  in  chains  to  a  foreign  land,  and  there  sold  in  the  market 
like  a  dumb  brute,  to  him  who  will  give  the  greatest  sum  for  him ; 
though  his  heart  bleeds  and  bosom  yearns  with  bowels  of  compassion 
and  fraternal  tenderness,  for  the  wife  and  children  of  his  bosom,  who 
are  bone  of  his  bone  and  flesh  of  his  flesh  ?  He  cannot.  Or  can  the 
children  of  the  fond  mother  be  torn  from  her  bosom,  while  her  heart 
wrings  with  distress  and  she  agonizes  in  despair,  and  "mourns  for  them, 
and  will  not  be  comforted,  because  they  are  not  ?"  This  cannot  be  done. 
Then  does  this  not  siueeten  the  "draught"  which  the  free  man  of  co- 
lor daily  drinks  ?  Most  indubitably  it  does.  Are  these  blessings  se- 
cured to  the  slave  ?  We  have  seen  they  are  not.  What  is  it  then  that 
constitutes  the  situation  of  the  slave  belter  than  that  of  the/?-ee  man  of 
color?  Does  the  superior  happiness  and  comfort  of  the  slave  over 
that  of  the  free  man  of  color,  consist  in  the  amount  of  bread  and  meat 
which  he  receives  at  the  hands  of  his  master,  to  subsist  him,  which  he 
has  not  to  trouble  himself  about  the  procuring  of  ?  The  report  seems 


227 

to  predicate  a  good  portion  of  the  solid  comfort  of  the  slave  upon  the 
daily  rations  which  he  draws  from  his  master's  stores,  but  this  conclu- 
sion the  undersigned  cannot  subscribe  to  :  as  an  American  citizen,  he 
would  put  a  higher  estimate  upon  the  liberty  which  is  enjoyed  even  by 
the  free  man  of  color.  What ! !  will  it  be  said  that  his  rights,  privi- 
leges and  happiness,  shall  be  balanced  in  the  scale  against  the  allow- 
ance of  coarse  fare,  which  is  given  for  daily  subsistence  to  the  slave, 
and  the  tattered  garments  that  are  furnished  him,  to  defend  his  body 
against  the  inclemency  of  the  season,  and  the  chains  with  which  he 
may  be  bound  in  order  to  send  him  to  a  foreign  market  ?  Monstrous 
doctrine  ! !  Cannot  the  free  man  of  color,  with  the  labor  of  his  hands, 
one-sixth  part  of  his  time,  procure  as  ample  a  supply  of  food  and  rai- 
ment as  is  furnished  the  slave  ?  Yea  :  and  can  he  not  then  sit  down 
under  his  own  vine  in  the  bosom  of  his  family,  and  enjoy  it,  and  there 
shall  ube  none  to  disturb  or  make  him  afraid?"  Most  certainly  he  can. 
Does  the  circumstance  then,  that  the  free  man  of  color  labors  under 
some  few  disabilities,  in  our  country — that  of  not  being  allowed  his 
oath  in  a  court  of  justice,  in  a  suit  between  white  men,  or  to  prove  his 
own  account  against  white  men,  or  not  being  entitled  to  hold  office  under 
the  government,  reduce  him  to  a  level  or  below  the  slave,  on  the  scale 
of  freedom  and  happiness?  The  report  seems  to  suppose  that  it  does. 
At  least  these  are  enumerated,  as  some  of  the  causes  that  make  his 
''draught"  more  bitter  than  that  of  the  slave.  What  fallacy  of  rea« 
soning.  Why  the  alien  white  man,  in  our  country,  labors  under  disa- 
bilities, is  he  thereby  reduced  to  the  level  of  the  /slave  ?  Is  his  essen- 
tial liberty  thereby  abridged  ?  It  is  not.  Neither  is  the  essential  lib- 
erty of  the  free  man  of  color  abridged,  by  the  fe,w  disabilities  which 
he  is  under.  He  stalks  abroad  in  the  majesty  of  his  nature,  not  subject 
to  the  dominion  of  any  person,  fully  secured  in  all  the  dear  and  essen- 
tial rights  of  man ;  his  person  protected  from  abuse,  from  the  wanton 
and  violent  hands  of  any  man;  and  it  cannot  be  touched,  except  it  be 
upon  an  offence  being  established  upon  him,  by  proof,  and  the  verdict 
of  a  jury  of  twelve  men  concurring  in  finding  him  guilty  of  the  charge. 
Yet  we  have  seen,  that  the  slave  may  be  punished  at  the  will  of  his 
owner,  without  even  charging  him  with  an  offence.  The  undersigned 
will  not  draw  the  parallel  any  further,  on  this  part  of  the  subject,  but 
leave  the  world  to  judge  of  the  correctness  or  incorrectness  of  the 
sentiment  or  conclusion  contained  in  the  report  of  the  committee:  but 
for  himself,  he  could  not  sanction  it  by  his  vote. 

It  is  said  further,  in  that  part  of  the  report,  proposed  to  be  strick- 
en out,  that  "When  the  slave  is  sick,  lie  has  a  master  or  mistress, 
•zohose  own  interest  will  prompt  them  to  furnish  him  with  food  and 
medicine  and  attendance  suited  to  his  situation.  But  when  the  free 
man  of  color  is.  laid  upon  a  bed  of  sickness,  who  cares  for  him  ? 
what  hand  supplies  his  wants?  who  will  step  to  his  humble  bed  of 
straw,  and  feel  his  pulse,  or  inquire  into  the  symptoms  of  his  dis- 
ease, or  even  hand  him  a  cup  of  cold  water  to  allay  his  thirst."  That 
the  interest  of  slave  holders  will  most  generally  prompt  them  to  have 


228 

some  attention  shown  them  when  sick,  the  undersigned  has  no  doubt; 
but  that  slaves  frequently  linger  under  the  pressure  of  disease,  while  they 
are  able  to  walk  and  are  still  kept  at  their  work,  he  has  as  little  doubt; 
for  the  charge  of  being  deceitful,  the  undersigned  believes,  is  often  laid 
at  the  door  of  the  complaining  slave, and  he  being  subject  to  the  will  of 
another,  is  necessarily  required  to  keep  employed,  until  more  unequivo- 
cal symptoms  arc  made  obvious  to  his  master  or  overseer,  before  he  is 
permitted  to  suspend  his  labor,  and  have  a  remedy  applied  for  his  mala- 
dy; and  his  owner  is  prompted,  as  we  are  to  infer,  only  to  use  remedies 
to  recover  him,  from  interest,  arising  from  the  fear  of  losing  the  proper- 
ty which  he  holds  in  him;  for  he  has  no  charity,  agreeably  to  the  report, 
for  it  puts  the  attention  of  the  master  or  mistress  to  his  or  her  servant,  in 
this  respect,  clearly  upon  the  ground  of  interest.  It  is  seen  then  that  the 
slave  is  reduced  to  the  humiliating  condition  of  betaking  himself  to  his 
"humble  bed  of  straw"  (when  he  is  laboring  under  the  pressure  of  dis- 
ease), only  when  permitted  by  the  will  of  his  master  or  mistress  to  do  so, 
Is  such  the  condition  of  the  free  man  of  color?  lanswerit  is  not.  When 
he  is  sick,  he  has  the  right  of  desisting  from  his  labor,  if  in  his  judgment 
he  deems  it  expedient,  and  to  employ  such  medical  assistance  as  he 
thinks  advisable,  in  time  to  remedy  the  malady,  before  it  would  become 
so  fixed  in  the  system  that  it  could  not  be  removed.  And  besides  in  a 
state  of  great  distress,  he  would  always  have  the  attention  of  his  friends 
and  relations,  (which  the  slave  most  commonly  cannot  have),  and  would 
have  the  sympathies  of  his  acquaintance,  and  would  receive  their  chanty, 
if  that  were  necessary.  Though  from  the  language  of  the  report  quoted 
above,  which  is  in  these  words:  "But  when  the  free  man  of  color  is  laid 
upon  a  bed  of  sickness,  who  cares  for  him  ?  what  hand  supplies  his 
wants?  who  will  step  to  his  humble  bed  of  straw,  and  feel  his  pulse  or 
inquire  into  the  nature  of  his  disease,  or  even  hand  him  a  cup  of  cold 
water  to  allay  his  thirst:"  the  undersigned  would  say,  it  seems  from 
this  language  that  there  are  no  sympathetic  or  charitable  feelings  per- 
vading the  human  heart;  and  that  all  the  finer  sensibilities  of  our  na- 
ture are  frozen  up,  and  that  the  principle  of  interest,  yes  sordid  interest 
alone,  is  the  only  thing  to  stimulate  the  human  heart,  and  impel  or  actu- 
ate it  to  extend  relief  to  suffering  humanity.  This  conclusion  contain- 
ed in  the  report,  the  undersigned  considers  to  be  contrary  to  the  senti- 
ment of  mankind  generally,  and  particularly,  that  it  is  an  imputation  (as 
he  considers)  upon  the  Christian  charity  of  our  country;  and  presupposes 
that  no  person  will  act  in  obedience  to  the  mandates  of  Him  who  first 
promulgated  the  gospel,  and  who  enjoined  on  his  followers  to  be  chari- 
table to  all  persons,  (but  especially  to  the  household  of  faith);  and  to 
visit  the,  sick  and  the  afflicted  every  where.  He  therefore  could  not  vote  to 
concur  with  the  report.  Many  other  parts  of  said  report,  are,  in  his 
opinion,  exceptionable,  but  he  deems  it  unnecessary  to  examine  it 
further. 

JOSEPH  KINCAID. 

On  motion  of  Mr  NELSON,  the  Convention  resumed  the  consideration 
of  the  report  of  the  Committee  of  the  Whole. 


229 

The  second  section  of  the  fifth  article  being  read, 

Mr  WHITE  moved  a  division  of  the  question,  so  that  each  clause  be 
considered  separately;  which  was  ordered. 

Mr  MARK  submitted  the  following,  in  lieu  of  the  first  clause  of  said 
second  section;  to  wit: 

"The  qualified  voters  for  members  of  the  General  Assembly  shall 
elect  the  judges  of  the  several  courts  of  law  and  equity/7 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive ;  ayes  8,  noes  48. 

The  ayes  and  noes  being  demanded  byMrMAiiR, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Hodges,  Hill,  Humphreys,  Kincannon,  Mabry, 
Marrand  Nelson;  8. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Blount,  Cannon,  Clul- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrctt, 
Gillespy,  Gray,  Gordon,  Huntsman,  Hess,  Kelly,  Kincaid,  Kendall, 
Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Montgomery,  Neil,  Porter,  Purdy,  Road- 
man, Richardson,  Ridley,  Robertson,  Stephcnson,  Sentcr,Smartt,Sharp, 
Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  48. 

Mr  JOHN  A.  MCKINNEY  offered  as  amendatory  to  the  first  clause  of 
said  section,  to  be  inserted  at  the  end  of  satd  clause,  the  words  "except 
the  judges  or  justices  of  the  Courts  of  Pleas  and  Quarter  Sessions,  so 
long  as  said  courts  are  continued  by  the  Legislature."  And  the  ques- 
tion being  had  on  receiving  said  amendment,  it  was  determined  in  the 
affirmative ;  ayes  29,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  STEPIIENSCN, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Cobbs,  Fulton,  Fogg,  Garrett,  Gray,  Hodges,  Hill, 
Hess,  Kelly,  Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  Mabry,  McGaughey,  Montgomery.  Neil,  Nelson, 
Roadman,  Richardson,  Ridley,  Stcphenson,  Senter,  Smartt,  Ury,  Whit- 
son  and  Walton;  29. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Burton,  Blount,  Cannon,  Childress, 
Cabal,  Cheatham,  Cross,  Douglass,  Gillcspy,  Gordon,  Huntsman,  Hum- 
phreys, Kincaid,  Ledbetter,  Loving,  Marr,  Porter,  Robeitson,  Sharp, 
Scott,  White,  Webster  and  Weakley;  25. 

The  first  clause  of  the  second  section  as  amended,  was  thereupon  read, 
and  concurred  with. 

The  second  clause  of  the  said  second  section  being  read, 
Mr  STEPHENSON  moved   to  strike  out  the  word  ;kfive";  which  motion 
was  rejected. 

The  second  clause  of  the  said  second  section  was  then  concurred  with. 
The  third  clause  of  the  said  second  section  being  read, 
Mr  WHITE  moved  to  strike  out  the  words  "both  houses"  and  insert 
"each  houser';  which  motion  prevailed. 


230 

Mr  McCiiELLAN  moved  to  strike  out  the  words  "elected  to  each  house" 
and  insert  the  words  "members  present  and  voting."  And  the  question 
being  had  thereon,  it  was  determined  in  the  negative;  ayes  18,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  MCCLELLAN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Cannon,  Childrcss,  Chcatham,  Douglass, 
Gillcspy,  Hodges,  Kincannon,  Kendall,  McClcllan,  Neil,  Purdy,  Road- 
man, Stephenson,  Smarlt,  Sharp  and  Webster;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Burton,  Blount,  Cabal,  Cobbs, 
Fulton,  Fogg,  Garrett,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kimbrough,  Led  better,  Loving,  Robert  J.  McKin- 
ney,  John  A.  McKinney,  Mabry,  McGaughey,  Montgomery,  Nelson, 
Porter,  Richardson,  Ridley,  Robertson-,  Senter,  Ury,  Whitson,  Walton, 
White  and  Weakley;  35. 

Mr  ARMSTRONG  offered  an  amendment  to  the  third  clause  of  said  sec- 
tion, providing  that  "attorneys  general"  should  be  removed  in  the  same 
way  as  judges;  which  amendment  was  accepted. 

Mr  ROBERT  J.  McKiNXEY  offered  the  following  further  amendment  to 
said  third  clause,  by  inserting  after  the  word  "judge"  in  the  seventh  line, 
the  words  "and -attorneys  general,  together  with  the  cause  or  causes  of 
removal." 

And  the  question  being  had  thereon, it  was  determined  in  the  affirma- 
tive; ayes  43,  noes  13. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Bradshaw,  Blount,  Cabal,  Cobbs,  Cheat- 
ham,  Fulton,  Garrett,  Gillespy,  Gordon,  Hodges,  Hill,  Humphreys, 
Hess,  Kelly,  Kincaid,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Rob- 
cit  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Montgome- 
ry, Marr,  Neil,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robert- 
son, Stevenson,  Senter,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walton, 
Webster  and  Weakley;  43. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Burton, Cannon,  Childress,  Cross,  Douglass, 
Fogg,  Gray,  Huntsman,  Kendall,  Nelson  and  White;  13. 

Mr  KINCAID  offered  to  amend  the  said  third  clause,  by  adding  the 
words  "and  the  charges  made  against  him  shall  be  supported  by  evi- 
dence"; and  the  question  being  had  thereon,  it  was  determined  in  the 
negative. 

Mr  HUNTSMAN  offered  to  amend  the  said  third  clause,  by  adding  the 
following: 

"And  the  judge  shall  be  served  with  a  copy  of  the  charges  to  be  ex- 
hibited against  him  at  least  twenty  days  before  the  General  Assembly 
shall  act  upon  his  removal." 

In  lieu  of  which  Mr  HUMPHREYS  offered  the  following: 

"Judges,  for  any  reasonable  cause,  which  may  not  be  sufficient  for  an 
impeachment,  may  be  removed  from  office  by  a  concurrent  vote  of  both 


231 

[louses;  but  two-thirds  of  both  Houses  must  concur  in  such  removal, 
and  the  cause  of  removal  shall  he  entered  on  the  journals  of  each 
House.  The  judge  against  whom  the  Legislature  may  be  about  to  pro- 
ceed, shall  receive  notice  thereof,  accompanied  with  a  copy  of  the  cause 
of  his  removal,  at  least  twenty  days  bcfoie  Ihe  day  en  which  either 
House  shall  act  thereupon." 

Which  was  accepted  by  Mr  HUNTSMAN;  and  the  question  being  had 
thereon,  it  was  determined  in  the  negative;  ayes  23;  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Blount,  Cabal,  Fulton,  Garrcit,  Gillcspy, 
Hodges,  Hill,  Huntsman,  Humphreys,  Kincaid,  Kimb rough,  Loving, 
Montgomery,  Porter,  Purdy,  Richardson,  Ridley,  Robertson,  Scott,  Ury 
and  Webster  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Burton.  Cannon,  Chi  Id  re  S3, 
Cobbs,  Cheathnm,  Cross,  Douglass:  Fogg,  Gray,  Gordon,  Hess,  Kelly, 
Kendall,  Ledbetter,  McClellan,  Robert  J.McKinney,  John  A.  McKin- 
ney,  Mabry,  McGaughcy,  Marr,  Neil,  Nelson,  Roadman,  Stephenson, 
Senter,Smartt,  Sharp,  Whilson,  Walton.  White  and  Weak  Icy;  33. 

Mr  COBES  proposed  the  following  amendment  in  lieu  of  the  said  third 
clause;  to  wit: 

"If  the  cause  of  removal  assigned  amounts  to  a  charge  of  infamous 
otr  corrupt  conduct,  then  a  Judge  shall  be  tried  by  impeachment,  or  the 
Attorney  General  by  impeachment  or  indictment;  or  if  guilt  has  been 
ascertained  by  previous  indictment  for  a  crime  not  committed  in  office, 
then  they  may  be  removed  as  aforesaid  without  further  trial:  and  in 
either  case  a  Judge  or  Attorney  General  shall  be  suspended  from  office 
from  the  time  of  impeachment  or  indictment  tiled  until  the  end  of  the 
trial." 

And  the  question  being  had  thereon,  it  was  rejected. 

Mr  FULTON  proposed  to  amend  said  third  clause  by  the  following;  to 
wit: 

"The  Judges  against  whom  the  Legislature  may  be  about  to  proceed, 
shall  receive  notice  thereof  accompanied  with  a  copy  of  the  causes  of 
his  removal,  at  least  twenty  days  before  the  day  on  which  either  House 
of  the  General  Assembly  shall  act  thereupon." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  28,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr  FULTON, 

The  affirmative  voters  arc, 

Messrs.  Allen,  Bradshaw,  Blount,  Cabal,  Cobbs,  Fulton,  Gorrett,  Gil- 
lespy,  Huntsman,  Humphreys,  Kincaid,  Kimbrough,  Ledbetter,  Loving, 
Robert  J.  McKinney,  Mabry,  McGaughey,  Montgomery,  Porter,  Pur- 
ely, Richardson,  Ridley,  Robertson,  Stephenson,  Scott,  Ury,  Whitson 
and  Webster;  28. 

The  negative  voters  are, 

Messrs.   President  (Carter),  Armstrong,  Burton,  Cannon,  Childres?, 


Chcatham,  Cross,  Douglass,  Fogg,  Gray,  Gordon,  Hodges,  Hill,  Hess, 
Kelly,  Kendall,  McClellan,  John  A.  McKirmey,  Marr,  Neil,  Nelson, 
Roadman,  Scnter,  Smartt,  Sharp,  Walton,  White  and  Weakley ;  28. 

Mr  POSTER  moved  to  strike  out  said  third  clause;  and  the  question 
being  had  thereon,  it  was  determined  in  the  negative;  ayes  14,  noes  42, 

The  ayes  and  noes  being  demanded  by  Mr  POUTER, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Blount,  Fnlton,  Garrctt,  Gillespy,  Humphreys, 
Kendall.  Kimbrough,  Mabry,  Marr,  Porter,  Richardson,  Robertson  and 

Scott;  M. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Barton,  Cannon,  Chil- 
dress,  Cahal,  Cobhs,  Cheatham,  Cross,  Douglass,  Fogg,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kincaid,  Ledbetter,  Loving,  Mc- 
Cleilan,  Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Mont- 
gomery, Noil,  Nelson,  Purdy,  Roadman,  Ridley,  Stcphenson,  Senter, 
Smartt,  Sharp,  Ury,  Whilsoii,  Walton,  White,  Webster  and  Weakley; 
42. 

The  said  third  clause  of  the  second  section  of  article  fifth,  was  there- 
upon read  as  amended  and  concurred  with. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  August  6,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Reverend  Mr  HESS,  oi  the  Cumberland  Presbyterian 
Church. 

The  morning  business  being  through: 

The  Convention  resumed  the  consideration  of  the  report  of  the  Com- 
mittee of  the  Whole. 

The  fourth  clause  of  the  second  section  of  the  fifth  article  being 
read: 

Mr  WHITE  offered  the  following  in  lieu  of  said  clause,  viz; 

tt Judges  of  the  supreme  court  shall  hold  their  oflices  during  good  be- 
havior, but  not  beyond  the  age  of  sixty  years." 

Mr  CHILDRESB  moved  to  strike  out  of  said  amendment  the  word  "six- 
ty;"' and  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  20,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  CAIIAL, 

The  affirmative  voters  are, 

Messrs.  Alien,  Burton,  Blount,  Cannon,  Children,  Cahal,  Cobbs, 
Cheatham,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Humphreys,  Ma- 
bry, Purdy,  Richardson,  Stephenson,  Ury  and  Webster;  20. 

The  negative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Bradshaw,  Fulton,  Fogg,  Gar- 
rctt, Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,  Led- 
better, Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney, 
McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Porter,  Roadman,  Rid- 


233 


I,  Robertson,  Senter,  Sharp,  Scott,  Whitson,  White  and  Weakley;  33. 
The  question  recurring  upon  Mr  WHITE'S  amendment,  and  being  had, 
vfis  determined  in  the  negative;  ayes  17,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE, 

The  affirmative  voters  are, 

Messrs.  Blount,  Cannon,  Childrcss,  Cahal,  Cheatham,  Fogg,  Garrett, 
Hill,  Huntsman,  Hess,  Kendall,  Loving,  John  A.  McKinney,  Marr, 
Ury,  White  and  Weakley;  17. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Cobbs,  Cross,  Douglass,  Fulton,  Gillespy,  Gray,  Gordon,  Hodg- 
es, Humphreys,  Kelly,  Kincaid,  Kimb  rough,  Led  better,  McClellan,  Ro- 
bert J.  McKinney,  Mabry,  McGaughey,  Montgomery,  Neil,  Nelson, 
Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson, 
Senter,  Smartt,  Sharp,  Scott,  Whitson  and  Webster;  39. 

Mr  JOHN  A.  McKiNNEY  offered  the  following  in  lieu  of  said  fourth 
clause;  to  wit: 

"The  Judge  of  the  supreme  court  shall  be  elected  for  the  term  of 
eighteen  years,  and  shall  not  be  re-eligible." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  423,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham, 
Fulton,  Fogg,  Garrett,  Gordon,  Hill.  Huntsman,  Hess,  Kendall,  Robert 
J.  McKinney,  John  A.  McKinney,  Marr,  Neil,  Purdv,  Sharp,  Ury,  White 
and  Weakley;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Blount,  Cross,  Douglass,  Gillespy,  Gray,  Hodges,  Humphreys,  Kelly, 
Kincaid,  Kimbrough,  Ledbcttcr,  Loving,  McClellan,  Mabry,  McGaughr 
ey,  Montgomery,  Nelson,  Porter,  Roadman,  Richardson,  Ridley,  Ro- 
bertson, Stcphenson,  Senter,  Smartt,  Scott,  Whitson  and  Webster;  33. 

Mr  ALLEN  then  offered  the  following  in  lieu  of  the  said  fourth  clause; 
to  wit: 

"Judges  of  the  supreme  court  shall  be  elected  for  the  term  of  eight 
3'cnrs,and  be  re-eligible;  so  that  the  first  cla£s  shall  go  out  at  the  end  of 
four  years,  the  second  at  the  end  of  six  years,  and  the  third  at  the  end 
of  eight  years." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  12,  noos  43. 

The  ayes  and  noes  being  demanded  by  Mr  ALLEN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Gillespy,  Hodges,  Kimbrough, 
John  A.  McKinney,  Mabry,  McGaughey,  Robertson,  Stephenson  and 
Scott;  12. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Blount,  Can- 


234 

non,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrett,  Gray,  Gordon,  Hill,  Huntsman,  Hess,  Kelly,  Kincaid, 
Kendall,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  Mont- 
gomery, Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richardson, 
Ridley,  Senter,  Smartt,  Sharp,  Ury,  Whitson,  White,  Webster  and 
Weakley;  43. 

Mr  HUNTSMAN  offered  the  following  as  amendatory  to  the  fourth  clause 
of  said  second  section;  to  wit: 

"Judges  of  the  supreme  court  shall  be  elected  for  fourteen  years,  and 
shall  not  serve  beyond  the  age  of  sixty-five  years." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  17,  noes  40. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Cahal,  Cobbs,  Cheatham, 
Fulton,  Fogg,  Garrett,  Hill,  Huntsman,  Hess,  Ledbetter,  Loving, 
Marr,  Purdy,  Ury  and  White;  17. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Burton,  Blount,  Cannon, 
Childress,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges,  Hum- 
phreys, Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  SleClellan, 
Robert  J. McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Mont- 
gomery, Neil,  Nelson,  Porter,  Roadman,  Richardson,  Ridley,  Robert- 
son, Stephenson,  Senter,  Smartt,  Sharp,  Scott,  Whitson,  Webster,  and 
Weakley;  40. 

Mr  RIDLEY  proposed  to  amend  said  fourth  clause  by  inserting  the 
words  "shall  not"  preceding  the  word  "re-eligible"  in  the  first  line.  And 
the  question  being  had  thereon,  it  was  determined  in  the  negative;  ayes 
17,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Childress,  Cahal,  Cobbs, 
Fogg,  Garrett,  Hill,  Huntsman,  Kendall,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabiy,  Marr,  Purdy,  Ridley  and  Ury;  17. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Burton,  Blount,  Cannon, 
Cheatham,  Cross,  Douglass,  Fulton,  Gillespy,  Gray,  Gordon,  Hodges, 
Humphreys,  Hess,  Kelly,  Kincannon,  Kimbrough,  Ledbetter,  Loving, 
McClellan,  McGaughey,  Montgomery,  Neil,  Nelson,  Porter,  Road- 
man, Richardson,  Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott, 
Whitson,  White,  Webster  and  Weakley;  39. 

Mr  STEPHENSON  moved  to  strike  out  the  word  "twelve"  from  the 
ninth  line  of  said  fourth  clause  for  the  purpose  of  inserting  the  word 
"ten."  And  the  question  being  had  thereon,  it  was  determined  in  the 
negative;  ayes  13,  noes  43. 

The  ayes  and  noes  being  demanded  by  Mr  ROBERT  J.  McKiNNEY. 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Gillespy,  Hodges,  Humphreys,  Kincannon, 


235 


John   A.  McKinney,  Mabry,  McGaughey,  Robertson,  Stephenson, 
Sharp  and  Scott;  13. 

The  negative  voters  are, 

Messrs.  President  ( Carter ) ,  Armstrong,  Alexander, Bradshaw,  Blount, 
Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrett,  Gray,  Gordon,  Hill,  Huntsman,  Hess,  Kelly,  Kendall, 
Kimbfough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney, 
Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richard- 
son, Ridley,  Senter,  Smartt,Ury,  Whitson,  White,  Webster  and  Weak- 
ley;  43. 

Mr  CHILDRESS  moved  to  strike  out  all  of  the  fourth  clause  after  the 
word  "re-eligible"  in  the  tenth  line  of  said  second  section.  And  the 
question  being  had  thereon,  it  was  determined  in  the  affirmative;  ayes 
37,  noes  18. 

The  ayes  and  noes  being  demanded  by  Mr  WEBSTER, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Blount,  Cannon,  Childress, 
Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Gor- 
don, Humphreys,  Hess,  Kendall,  Ledbetter,  Loving,  Robert  J.  Mc- 
Kinney, John  A.  McKinney,  Mabry,  McGaughey,  Marr,  Nelson,  Por- 
ter, Purdy,  Richardson,  Ridley,  Robertson,  Smartt,  Sharp,  Ury,  Whit- 
son,  White  and'Weakley ;  37. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Burton,  Douglass,  Garrett,  Hodges,  Hill,  Hunts- 
man, Kelly,  Kincannon,  Kimbrough,  McClellan,  Montgomery,  Neil, 
Roadman,  Stephenson,  Senter,  Scott  and  Webster;  18. 

Mr  NELSON  moved  a  concurrence  with  said  fourth  clause;  whereupon 
said  clause  was  read  and  concurred  with. 

The  fifth  clause  was  read  and  concurred  with. 

The  sixth  clause  was  read: 

Whereupon  Mr  MABRY  moved  to  strike  out  the  wrord  "six"  and  in- 
sert the  word  "four";  which  motion  was  rejected. 

The  said  sixth  clause  was  thereupon  concurred  with. 

The  seventh  clause  being  read: 

Mr  HUNTSMAN  moved  to  strike  out,  from  the  words  "pro  tern"-,  all  of 
said  clause;  which  motion  prevailed. 

Mr  CAHAL  moved  to  strike  out  of  the  nineteenth  line,  the  words  "then 
and  in  that  case";  which  motion  prevailed. 

The  seventh  clause  being  read  as  amended,  was  concurred  with. 

The  eighth  clause  being  read: 

Mr  JOHN  A.  McKiNNEY  moved  to  strike  out  the  whole  clause. 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive :  ayes  28,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cannon, 
Cross,  Gillespy,  Gray,  Hodges,  Kelly,  Kendall,  Kimbrough,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Mont- 


236 

gomery,  Neil,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Ste- 
phenson,  Senter,  Whitson  and  Weakley;  28. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Childress,  Cahal,  Cobb?,  Cheat- 
ham,  Douglass  Fulton,  Fogg,  Garrett,  Gordon,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kincannon,  Kincaid,  Ledbetter,  Loving,  Marr,  Nelson. 
Porter,  Smartt,  Sharp,  Scott,  Ury,  White  and  Webster;  29. 

Mr  BURTON  moved  to  amend  the  said  eighth  clause  by  inserting,  aftei 
the  word  "State"  in  the  twenty-third  line,  the  words  "and  such  othej 
business  as  the  Legislature  may  assign";  which  was  accepted. 

The  eighth  clause  as  amended  was  thereupon  read  and  concurred 
with. 

The  third  section  of  the  fifth  article,  was  read  and  concurred  with. 

The  fourth  section  being  read, 

Mr  WEAKLEY  moved  to  strike  out  said  section. 

Mr  HESS  proposed  the  following,  in  lieu  of  said  fourth  section ;  to  wit 

"That  the  Judges  of  the  different  Courts  shall  have  such  Civil  anc 
Criminal  jurisdiction  as  the  Legislature  may  assign  them  respectively 
and  shall  be  conservators  of  the^peace  throughout  the  State." 

Mr.  LEDBETTER  moved  a  division  of  the  question,  which  was  or- 
dered. 

The  question  was  then  had  on  striking  out  said  section  and  deter- 
mined in  the  affirmative. 

The  question  recurred  upon  the  amendment  proposed  by  Mr.  HESS 
in  lieu  of  the  fourth  section,  which  was  rejected. 

Mr.  HUNTSMAN  offered  the  following  in  lieu  of  the  fourth  section 
to  wit : 

"The  Judges  of  the  inferior  courts  shall  be  justices  of  oyer  andter 
miner  and  general  jail  delivery  throughout  the  State." 

Mr.  CANNON  proposed  the  following  in  lieu  of  Mr.  Huntsman'; 
amendment;  to  wit : 

"The  jurisdiction  of  such  inferior  courts  as  the  Legislature  maj 
from  time  to  time  establish,  shall  be  regulated  by  law;" 

Which  was  accepted  by  Mr.  HUNTSMAN. 

And  the  question  being  had  thereon,  it  was  determined  in  the  affirm 
ative. 

The  fourth  section  as  amended,  was  thereupon  read  and  concurred 
with. 

The  fifth  section  was  next  read  and  concurred  with. 

The  sixth  section  being  read, 

Mr.  DOUGLASS  moved  to  strike  out  from  the  first  line  the  words 
"die  Circuit  Courts  or,"  and  from  the  second  line  the  words  "in  theii 
stead;"  and  to  insert  in  the  first  line,  between  the  words  "such,"  anc 
"Courts,"  the  word  "inferior,"  and  the  question  being  had,  it  was  de- 
terjnined  in  the  affirmative. 

Mr.  MONTGOMERY  offered  the  following  amendment,  to  be  added  tc 
the  end  of  said  section;  viz  : 

"But  appeals  on  matters  of  facts  shall  not  be  allowed  from  inferioi 


237 

to  superior  tribunals,  in  any  case  where  a  trial  by  jury  has  been  once 
had/' 

And  the  question  being  thereon  had,  it  was  determined  in  the  neg- 
ative ;  ayes  9,  noes  43. 

The  ayes  and  noes  being  demanded  by  Mr.  HODGES, 

The  affirmative  voters  arc, 

Messrs.  Douglass,  Fogg,  Gordon,  Kincaid,  Kendall,  Montgomery, 
Nelson,  Scott  and  Weakley;  9. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  Blount,  Cannon,  Childress,Cheatham,  Cross,  Fuiton,Gar- 
rett,<Jiilespy,  Gray,  Hodges,  Huntsman,  Humphreys,  Hess,  Kelly,  Kim- 
brough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Marr,  Neil,  Purdy,  Roadman, 
Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Sinartt,  Sharp, 
Ury,  Whitson,  White  and  Webster;  43. 

Mr.  FULTON  moved  to  strike  out  the  latter  clause  of  said  section  ; 
to  wit  :  "and  the  Legislature  shall  regulate  the  granting  of  appeals  in 
such  manner  as  justice  may  require." 

And  the  question  being  had  thereon,  it  was  determined  in  the  af- 
firmative. 

Mr.  CHILDREN  moved  to  strike  out  of  the  third  line  of  said  sixth 
section  the  word  "said,"  and  insert  the  word  "their";  and  also  to  strike 
out  the  words  "or  courts  to  be  established." 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
ative . 

The  sixth  section  of  the  fifth  article  as  amended,  was  thereupon  read 
and  concurred  with. 

The  seventh  section  being  read,  Mr.  DOUGLASS  moved  to  strike  out 
said  section;  which  motion  prevailed. 

The  eighth  section  being  read, 

Mr.  CHE  YTHAivi  moved  to  amend  said  section  by  striking  out  from 
the  word  "interested"  in  the  fifth  line  to  the  word  "parties"  in  the  sixth 
line,  and  inserting  these  words,  "thus  disqualified  from  presiding  on 
the  trial  of  any  cause  or  causes." 

And  the  question  being  had  thereon,  it  was  determined  in  the  af- 
firmative. 

Mr  FOGG  moved  further  to  amend  said  section,  by  inserting  the^e 
words,  "in  which  he  may  be  interested  or",  to  come  in  after  the  word 
"cause"  in  the  second  line;  which  was  also  accepted. 

Mr  MONTGOMERY  moved  to  strike  out  the  words  *4exccpt  by  consent  of 
all  parties"  from  the  fourth  line  of  said  eighth  section;  which  was  re- 
jected. 

The  eighth  section,  as  amended,  was  thereupon  read  and  concurred 
with. 

Mr  GORDON  thereupon  submitted  the  following  as  an  additional  sec- 
tion to  said  article;  to  wit: 

"The  Legislature  shall  have  power  to  establish  in  each  county,  a 


238 

court  for  the  transaction  of  county  business,  and  may  allow  the  judge  or 
judges  thereof  such  compensation,  either  by  perquisites  or  otherwise,  as 
shall  be  provided  by  law." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt  the 
foregoing?"  and  determined  in  the  negative;  ayes  18,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr.  GORDON, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cahal,  Cross,  Douglass,  Garrett,  Gray,  Gordon, 
Hill,  Kincaid,  Kendall,  Ledbetter,  John  A.  McKinney,  Nelson,  Rich- 
ardson, Ridley,  Robertson,  Sharp  and  Scott;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount  Cannon,  Childress,  Cheatham,  Fulton,  Fogg,  Gillespy,  Hodges, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kimbrough,  Loving,  McClellan, 
Robert  J.  McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil, 
Porter,  Purdy,  Roadman,  Stephenson,  Senter,  Smartt,  Ury,  Whitson, 
White,  Webster  and  Weakley;  37. 

The  ninth  section  was  then  read  and  adopted. 

The  tenth  section  being  read, 

Mr  WHITE  moved  a  division,  so  that  the  sense  of  the  Convention 
might  be  had  on  each  clause;  which  motion  prevailing,  the  first  clause 
of  said  section  was  read  and  adopted. 

The  second  clause  of  said  section  being  read, 

Mr  ALLEN  submitted  the  following  in  lieu  thereof;  to  wit: 

"The  clerks  of  the  chancery  courts,  (if  such  a  court  be  established), 
shall  be  elected  by  the  qualified  voters  within  the  circuit  or  district  (as 
the  case  may  be)  for  the  term  of  six  years." 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive; ayes  16,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr.  ALLEN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Cross,  Hodges,  Hill,  Humphreys, 
Kincaid,  Kimbrough,  Mabry,  Marr,  Nelson,  Ridley,  Stephenson,  Web- 
ster and  Weakley;  16. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Burton,  Blount,  Cannon,  Chil- 
dress, Cabal,  Cheatham,  Douglass,  Fulton,  Fogs:,  Garrett,  Gillespy,  Gray, 
Gordon,  Huntsman, Hess,  Kelly, Kendall, Ledbetter, Loving, McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Montgomery, 
Neil,  Porter,  Purdy,  Roadman,  Richardson,  Robertson,  Senter,  Smartt, 
Sharp,  Scott,  Ury,  Whitson  and  White;  39. 

On  motion  of  Mr  LEDBETTER,  the  said  clause  was  amended,  by  in- 
serting the  words  "and  master",  in  the  first  line  thereof,  after  the  word 
"clerk." 

The  said  second  clause  was  thereupon  read,  as  amended,  and  adopted. 

The  third  clause  of  the  said  section  being  read, 

Mr  BURTON  submitted  the  following  in  lieu  thereof;  to  wit: 

"Clerks  of  the  Circuit  Court,  or  of  such  inferior  court  as  the  Legisla- 


£39 


turc  shall  establish  in  its  place,  shall  be  appointed  by  the  judges  thereof 
for  the  term  of  four  years.  The  clerks  of  the  county  court  shall  be 
elected  by  the  qualified  voters  in  each  county,  and  shall  hold  their  of- 
fices for  the  term  of  four  years,  and  shall  be  re-eligible;  and  shall  be  re 
moved  from  office  for  malfeasance  or  neglect,  in  such  manner  as  may 
be  prescribed  by  law." 

In  lieu  of  which  Mr  WEAKLEY  submitted  the  following;  to  wit: 

"Clerks  of  the  circuit  and  county  courts  shall  be  elected  by  their  re- 
spective courts,  for  the  term  of  six  years,  and  shall  be  re-eligible." 

Mr  GARRETT  moved  a  division,  which  motion  failing,  the  question  was 
had  on  the  adoption  of  Mr  Weaklcjrs  amendment,  and  determined  in 
the  negative;  ayes  8, noes  47. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirm?)  tive  voters  are, 

Messrs.  Blount,  Cannon,  Cheatham,  Douglass,  Fogg,  Gray,  Kendall 
andWeakley;  8. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Childress,  Cahal,  Cross,  Fulton,  Garrett,  Gillespy,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kimbrough, 
Ixidbettcr,  Loving,  McCiellan,  Robert  J.McKinney,  John  A.  McKin- 
ney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Senter, 
Smartt,  Sharp,  Scott,  Ury,  Whitson,  White  and  Webster;  47. 
!  Mr  JOHN  A.  McKiNNEY  then  submitted  the  following  in  lieu  of  the 
proposition  of  Mr  Burton;  to  wit: 

"Clerks  of  such  inferior  courts  as  maybe  hereafter  established,  which 
shall  be  hoiden  in  the  respective  counties  of  the  State,  shall  be  appointed 
in  such  manner,  and  hold  their  offices  for  such  periods  as  the  Legislature 
shall  prescribe." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  11,  noes  44. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Blount,  Cahal,  Cheatham,  Douglass,  Fogg,  Garrett,  Kendall, 
Loving,  John  A.  McKinney,  Ury,  and  Weakley;  11. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Barton,  Cannon,  Childress,  Cross,  Fulton,  Gillespy,  Gray,  Gordon, 
Hodges, Hill,  Huntsman,  Humphreys.  Hess,  Kelly,  Kincaid,  Kimbrough, 
Ledbetter,  McCiellan,  Robert  J.  McKinney,  Mabry,  McGaughey, 
Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richard- 
son, Ridley,  Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott, 
Whitson,  White  and  Webster;  44. 

The  question  then  recurring  upon  the  amendment  of  Mr.  BURTON, 
Mr.  GARRKTT  moved  a  division  of  the  proposition,  which  motion  fail- 
ing, Mr.  Burton  withdrew  so  much  of  his  amendment  as  relates  to  the 
election  of  clerks  of  the  county  courts.  The  question  was  then  had 


240 

upon  the  adoption  of  the  remainder  of  Mr.  Burton's  amendment,  and 
determined  in  the  negative;  ayes  14,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr.  HODGES, 

The  affirmative  voters  are, 

Messrs.  Burton,  Blount,  Cahal,  Cheatham,  Douglass,  Fogg,  Garrett, 
Kendall,  Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Ury, 
White  and  Weakley ;  14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Cannon,  Childress,  Cross,  Fulton,  Gillespy,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kim- 
brough,  Ledbetter,  McClellan,  Mabry,  McGaughey,  Montgomery, 
Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott,  Whitson  and 
Webster;  41. 

Mr.  WHITE  then  submitted  the  following  as  an  amendment  to  the 
said  section  ;  to  wit : 

"And  should  a  vacancy  occur  subsequent  to  an  election,  it  shall  be 
filled  by  the  court,  and  the  person  so  appointed  shall  hold  his  office  un- 
til the  first  election  for  county  officers,  when  such  vacancy  shall  be 
filled  by  the  qualified  voters." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt 
the  amendment,"  and  determined  in  the  negative  ;  ayes  22 ,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Burton,  Blount,  Cannon,  Cahal,  Doug- 
lass, Fulton,  Fogg,  Garrett,  Gray,  Huntsman,  Hess,  Kincaid,  Kendall, 
Ledbetter,  Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Scott, 
Ury,  White  and  Weakley;  22. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Childress,  Cheat- 
ham,  Cross,  Gillespy,  Gordon,  Hodges,  Hill,  Humphreys,  Kelly,  Kim- 
b rough,  McClellan,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil, 
Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Ste- 
phenson, Senter,  Smartt,  Sharp,  Whitson  and  Webster;  33. 

The  said  section  was  then  concurred  with. 

The  eleventh  section  being  read,  Mr.  LEDBETTER  offered  the  fol- 
lowing as  an  amendment  thereto,  (to  wit :) 

"And  if  the  defendant  shall  submit,  it  shall  not  prevent  the  court 
from  empaneling  a  jury  instanter  to  assess  the  fine  if  it  should  seem 
proper  to  said  court." 

And  the  question  being  thereupon  had,  the  said  amendment  was  re- 
jected. 

The  twelfth  section  being  read, 

Mr.  STEPHENSON  submitted  the  following  in  lieu  thereof;  to  wit : 

"There  shall  be  justices  of  the  peace  elected  lor  each  county,  by 
the  qualified  voters  in  each  county,  not  exceeding  two  for  each  cap- 
tain's company,  (except  for  the  company  which  includes  the  county 


241 

town,  which  shall  not  exceed  three )  who  shall  hold  their  office  for  the 
term  of  six  years,  and  upon  the  removal  of  such  officer,  from  the  dis- 
trict from  which  he  was  elected,  his  office  shall  become  vacant  from 
the  date  of  such  removal." 

In  lieu  of  which,  Mr  McG.viTGiiEY  submitted  the  following;  to  wit: 

"There  shall  be  justices  of  the  peace  appointed  for  each  county,  not 
exceeding  two  for  each  Captain's  company  (except  for  companies  with- 
in the  bounds  of  county  towns,  which  shall  not  exceed  three)  who  shall 
be  elected  by  the  qualified  voters  within  their  respective  companies,  and 
shall  hold  their  office  for  the  term  of  year*. 

"There  shall  be  elected  by  the  qualified  voters  in  each  Captain's 
company,  one  Constable,  and  also  one  for  each  county  town,  who  shall 
hold  their  offices  for  the  term  of  two  years — and  the  removal  of 
either  of  said  officers  from  the  bounds  of  the  Company  for  which  he  shall 
have  been  elected,  shall  vacate  his  o'Kce." 

Mr  JOHN  A.  McKiNNEY  moved  to  fill  the  blank  in  the  foregoing  a- 
mendmc-nt.  with  the  word  "four'1. 

Mr  BUUTON  moved  that  it  be  iillcd  with  the  word  "six";  which  motion 
prevailed. 

And  thereupon  the  Convention  adjourned. 

THURSDAY,  August  7,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  be  the  Ilev.  Mr  KIMBROUGH,  of  the  Baptist  Church. 

Mr  NELSON  submitted  the  following: 

"Resolved,  That  hereafter  the  regular  hour  of  the  meeting  of  this 
Convention,  in  the  afternoon,  shall  be  h;ilf  past  two  o'clock." 

On  Mr  NELSON'S  motion,  the  rule  requiring  resolutions  to  lie  one  day 
on  the  table,  was  suspended: 

Whereupon,  Mr  MABRY  moved  to  strike  out  the  word  "half"  in  said 
resolution. 

Arid  the  question  being  had  thereon,  it  was  rejected. 

Mr  MABRY  submitted  the  following  as  an  amendment  to  Mr  Nelson's 
resolution;  to  wit: 

The  hour  of  meeting  in  the  morning,  shall  be  half  after  seven  o'- 
clock. 

Mr  NELSON  moved  a  division  of  the  question;  which  was  ordered. 

The  question  was  thereupon  had  on  Mr  MABIIY'S  amendment,  and 
determined  in  the  negative;  ayes  19,  noes  38. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Hodges,  Hill,  Kendall,  Kim- 
brough,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaugliey,  Neil,  Nelson,  Richardson,  Robertson,  Stephenson,  Smartt, 
Sharp  and  VVhitson;  19. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Blount,  Cannon,  Chil- 


242 

dress,  Cabal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg.  Garrett, 
Gillespy,  Gray,  Gordon,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincan- 
non,  Led  better,  Loving,  Montgomery,  Man-,  Porter,  Purdy,  Roadman, 
Ridley,  Senior,  Smith,  Scott,  Ury,  White,  Webster  and  Weakley;  38. 

Thereupon  the  question  recurred  upon  the  adoption  of  Mr  Nelson's 
resolution,  and  was  determined  in  the  affirmative;  ayes  39,  noes  18. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Childress,  Cheat- 
ham,  Douglass,  Fulton,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  "Kelly,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClel- 
lan,  Robert  J.  M'Kinney,  John  A.  M'Kinney,  Mabry,  McGaughey, 
Montgomery,  Neil,  Nelson,  Roadman,  Richardson,  Ridley,  Robertson, 
Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Whit  son  and  Weak- 
ley;  39. 

The  negative  voters  are, 

.  Messrs.  Allen,  Alexander,  Burton,  Blount,  Cannon,  Cabal,  Cobbs, 
Cross,  Fogg,  Garrett,  Gillespy,  Kincannon,  Marr,  Porter,  Purdy,  Ury, 
W  hite  and  Webster;-  18. 

The  morning  business  being  through, 

The  Convention  resumed  the  consideration  of  the  report  of  the  Com- 
mittee of  the  Whole. 

The  amendment  of  Mr  MCGAUGHEY,  in  lieu  of  Mr  Stephenson's  a- 
mendment  and  in  lieu  of  the  twelfth  section  of  the  fifth  article,  being 
read, 

Mr  STEPIIEXSON  accepted  the  amendment  of  Mr  McGaughey  in  lieu 
of  his. 

And  thereupon  the  question  was  had,  "Will  the  Convention  receive 
said  amendment  ?"  and  determined  in  negative;  ayes  17,  noes  40. 
•*¥he  ayes  rind  noes  beinj;  demanded  by  Mr  STEPIIENSON, 

The  affirmative  voters  arc, 

Messrs.  Bradshaw,  Burton,  Cannon,  Gillespy,  Gray,  Kelly,  Kendall, 
McGaughey,  Porter,  Roadman,  Richardson,  Stephenson,  Smartt,  Scott, 
Whitson,  White  and  Webster;  17. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Blount, 
Chiidress,  Cabal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg, 
Garrett,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kin- 
caid,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Neil,  Nelson,  Purdy, 
Ridley,  Robertson,  Senter,  Smith,  Sharp,  Ury  and  Weakley;  40. 

Mr  HESS  moved  to  insert  in  the  sixth  line  of  said  twelfth  section,  pre- 
ceding the  word  "two"'  the  words  "three  justices  and'';  which  motion 
prevailed. 

Mr  CIIILDREGS  offered  the  following  in  lieu  of  the  said  twelfth  section; 
to  wit: 


of 


"There  shall  be  justices  of  the  peace  elected  by  the  qualified  voters 
the  districts  in  each  county,  not  exceeding  two  for  a  district,  which 


243 

districts  shall  be  laid  off  agreeably  to  law,  except  for  the  districts  in- 
cluding county  towns,  which  shall  not  exceed  three,  who  shall  hold 
their  offices  for  six  years,  and  he  re-eligible;  also  one -constable  for  each 
district,  who  shall  hold  their  offices  for  two  years,  and  be  re-eligible. 
Said  justices  to  be  commissioned  by  the  Governor,  and  constables  to 
give  bonds  &LC.  agreeably  to  law;  and  the  removal  of  either  from  their 
districts  shall  vacate  their  office." 

Mr  LEDBETTER  moved  to  strike  out  from  the  third  line  of  said  twelfth 
section,  the  words  "less  than  ten  nor';  which  motion  prevailed. 

Mr  M.VBRY  moved  to  strike  out  the  \vord  c*six"  and  insert  the  word 
"four"  in  the  sixth  line  of  said  section; 

Whereupon  Mr  STEPHEXSON  moved  a  division  of  the  question,  which 
the  Convention  refused  to  grant.  The  question  then  recurred  upon  the 
adoption  of  Mr  Mabry's  amendment,  and  being  had,  it  was  determined 
in  the  negative.  . 

The  question  was  then  had,  "will  the  Convention  receive  the  said  a- 
mendment  of  Mr  Childress?"  and  determined  in  the  negative. 

Mr  COBBS  proposed  the  following  amendment  to  said  twelfth  section; 
to  wit: 

"In  such  elections  a  majority  of  the  whole  number  of  votes  given 
shall  be  necessary,  for  the  election  of  each  officer;  and  at  a  second  vot- 
ing, when  necessary,  onlv  the  iwo  highest,  not  having  a  majority,  shall 
be  voted  for." 

And  thereupon  the  question  being  had,  it  was  rejected. 

Mr  SENTER  offered  the  following  amendment  to  said  twelfth  section; 
to  wit: 

"Justices  of  the  peace  shall  receive  for  their  services  a  compensation 
to  be  ascertained  bylaw." 

And  the  question  being  had,  it  was  determined  in  the  affirmative;  ayes 
30,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Childress,  Cabal,  Cobbs,  Cross,  Douglass,  Fogg, 
Garrett,  Gillespy,  Hodges,  Hill,  Kelly,  Kincaid,  Loving,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  Montgomery,  Neil,  Nelson, 
Roadman,  Richardson,  Ridley,  Robertson,  Senter,  Smith,  Sharp, 
Scott,  Whitson  and  VVeakiey;  30. 

The  negative  voters  are,. 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Burton,  Blount, 
Cannon,  Cheatham,  Fulton,  Gray,  Gordon,  Huntsman,  Humphreys, 
Hess,  Kendall,  Kirnbrough,  Lcdbetter,  McClellan,  McGaughey,  Marr, 
Porter,  Purdy,  Stephenson,  Smartt,  Ury,  White  and  Webster;  26. 

Mr  GORDON  moved  the  following  further  amendment  to  said  twelfth 
section;  to  wit: 

"Justices  of  the  Peace  shall  be  ccmmissioned  by  the  Governor";  which 
was  accepted. 

Mr  KINCAID  moved  to  strike  out  the  word  "four"  in  the  third  line  of 
the  twelfth  section  for  the  purpose  of  inserting  the  word  "five"  which 
was  rejected. 


244 

Mr  ALLEN  offered  the  following  amendment  to  the  said  twelfth  sec- 
tion; to  wit:  "provided  that  they  shall  not  be  exempt  from  working  on 
roads  and  doing  militia  duty";  and  the  question  being  had  thereon,  said 
amendment  was  rejected. 

Mr  KINCAID  moved  to  strike  out  and  insert  the  following,  commenc- 
ing after  the  words  "districts  laid  off"  in  the  first  line  of  said  twelfth 
section;  to  wit:  "of  such  size  that  no  district  shall  be  less  than  four  and  a 
half  miles  square,  or  twenty  one  square  miles."  And  the  question  be- 
ing had  thereon, said  amendment  was  rejected. 

Mr  CAHAL  moved  to  strike  out  the  word  "for"  from  the  fourth  line  of 
said  section,  and  insert  the  word  "in"  which  motion  prevailed. 

The  said  twelfth  section  was  thereupon  read  as  amended  and  concur- 
red with. 

The  sixth  article  was  next  taken  up  and  the  first  section  thereof  being 
read, 

Mr  ALEXANDER  moved  to  strike  out  of  said  section  the  words  "pro- 
vided that  no  person  shall  be  eligible  to  the  office  of  sheriff  more  than 
four  years  in  any  term  of  six  years." 

Mr  ROADMAN  moved  to  strike  out  of  said  section  in  the  third  line  the 
words  "four"  and  "six"  and  insert  "six"  and  "eight." 

And  thereupon  the  question  was  had  and  determined  in  the  affirmative; 
ayes  32,  noes  '25. 

The  ayes  and  noes  being  demanded  by  Mr  ROADMAN, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Childress,  Cobbs,  Cheat- 
ham,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Hum- 
phreys, Keily,  Kendall,  Led  better,  Loving,  Mabry,  Neil,  Porter,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Smartt,  Sharp, 
Scott,  Whitson  and  Weaklcy;  32. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Burton,  Blount,  Cannon,  Cahal, 
Fulton,  Fogg,  Garrett,  Hodges,  Hess,  Kincaid,  Kimbrough,  McClcllan, 
Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Montgomery, 
Marr,  Nelson,  Senter, Smith,  Ury,  White  and  Webster;  25. 

Mr  ALEXANDER  thereupon  withdrew  his  motion  to  strike  out. 

Mr  SHARP  proposed  to  amend  said  first  section,  by  inserting  the  fol- 
lowing; to  wit:  "and  shall  not  be  a  deputy  sheriff  while  he  is  ineligible 
as  sheriff";  and  the  question  "will  the  Convention  adopt  said  amend- 
ment?" being  had,  it  was  rejected. 

Mr  CAHAL  offered  the  following,  in  lieu  of  the  first  clause  of  said  sec- 
tion, and  in  lieu  of  the  first  proviso  thereto: 

"There  shall  be  elected  in  each  county,  by  the  qualified  voters,  one 
sheriff,  who  shall  serve  for  the  term  of  four  years,  and  be  incapable  of 
holding  the  office  of  sheriff  or  deputy  sheriff,  for  the  like  period  of  four 
years." 

And  the  question  "will  the  Convention  adopt  said  amendment?"  be- 
ing had,  it  was  determined  in  the  negative;  ayes  14,  noes  43. 

The  ayes  and  noes  being  demanded  by  Mr  BURTON, 


245 

The  affirmative  voters  are, 

Messrs.  Burton,  Cabal,  Cobb.s,  Fulton,  Fogg,  Garrett,  Hodgo.s,  Hill, 
Huntsman,  Robert  J.  McKinney,  John  A.  McKinney,  Marr,  Uiy  and 
Weakley;  14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradsbaw, 
Blount,  Cannon,  Cm'ldress,  Chcatham,  Cross,  Douglass,  Gillespy, Gray, 
Gordon,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Led- 
better,  Loving,  McClellan,  Mabry,  McGaughey,  Montgomery,  Neil, 
Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Ste- 
phenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  White  and 
Webster;  43. 

Mr  KENDALL  offered  the  following  amendment  to  the  said  first  sec- 
tion; viz: 

"Provided  further,  that  if  any  sheriff  so  elected  shall  fail  to  give  bond 
and  approved  security  to  the  court  of  their  respective  county,  such 
court  shall  have  power  to  appoint  their  sheriff  and  fill  vacancies." 

And  the  question  '-will  the  Convention  adopt  said  amendment?"  be- 
ing had,  it  was  rejected. 

The  said  first  section  of  article  sixth,  as  amended,  was  thereupon  read, 
and  concurred  with. 

Mr  WHITE  offered  the  following  as  an  additional  clause  to  said  first 
section;  to  wit: 

"Should  a  vacancy  occur,  subsequent  to  an  election,  in  the  office  of 
sheriff,  trustee  or  register,  it  shall  be  filled  by  the  justice?;  if  in  that  of 
the  clerks  to  be  elected  by  the  people,  it  shall  be  filled  by  the  courts; 
and  the  persjp  so  appointed,  shall  continue  in  office  until  the  first  elec- 
tion for  couifR  officers,  when  such  vacancy  shall  be  filled  by  the  quali- 
fied voters."  f 

Mr  WEBSTER  offered  the  following,  in  lieu  of  Mr  White's  amend- 
ment; to  wit: 

"When  a  civil  office  in  any  county  becomes  vacant,  the  right  to  fill 
which  belongs  to  the  qualified  voters  as  named  in  this  Constitution,  the 
coroner  shall  issue  his  writ  to  fill  such  vacancy." 

And  the  question  thereon  being  had,  it  was  rejected. 

Mr  PORTER  asked  and  obtained  leave  oi  absence  for  a  few  days. 

On  motion  of  Mr  NELSON,  it  was  ordered  th  ;t  Mr  FULTON  be  added  to 
the  committee  appointed  to  lay  off  the  State  into  senatorial  and  repre- 
sentative districts. 

The  question  recurring,  and  being  had,  "Will  the  Convention  adopt 
said  additional  clause,  proposed  by  Mr  WHITE  to  said  first  section?"  it 
was  determined  in  the  affirmative;  ayes  44,  noes  12. 

The  ayes  and  noes  being  demanded  by  Mr  MABRY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Burton,  Blount, 
Cannon,  Cabal,  Cobbs,  Cheatham,  Douglass,  Fulton, Fogg,  Garrett,  Gil- 
lespy, Gray,  Gordon,  Hill,  Huntsman,  Hess,  Kelly,  Kincnid,  Kendall, 
Kimbrough,  Ledbetter,  Loving,  McClellan.  Robert  J.  McKinney,  John 


246 

A.  McKinnej,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Road- 
man. Richardson.  Ridh  y,  Stephenson,  Sciiter,  Smith,  Smartt,Ury,  Whit- 
son,  White  and  Weakley;  44. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Childress,  Cross.  Hodges,  Humphreys,  Ma- 
bry,  Purely,  Robertson,  Sharp,  Scott  and  Webster;  12. 

Mr  NELSON  offered  an  additional  amendment  to  said  section  in  the 
following  words;  to  wit: 

"Except  registers  of  the  land  offices,  shall  be  elected  by  the  qualified 
voters  in  their  respective  districts,  who  shall  hold  their  offices  for  four 
years,  and  shall  be  re-eligible." 

The  question  being  had  on  the  adoption  of  said  amendment,  it  was 
rejected. 

The  second  section  of  the  sixth  article  was  read  and  concurred  withe 

The  third  L-ection  of  said  article  was  read  and  amended  on  motion  of 
Mr  PURDY,  by  inserting  in  the  first  line  after  the  word  ''officers"  "and 
the  filling  of  all  vacancies  that  may  happen  in  case  of  death,  resigna- 
tion or  removal";  and  in  the  same  line,  after  the  word  "otherwise",  the 
following  ''provided  for  or." 

The  section  was  then  adopted. 

Tiie  seventh  arlicle  was  then  taken  up. 

The  first  section  thereof  being  read,  Mi*  ROBERTSON  offered  the  follow- 
ing, in  lieu  of  said  section;  viz: 

"The  militia  of  this  State  shall  be  regulated,  and  the  officers  thereof 
elected,  by  such  electors,  and  in  such  manner  as  may  be  prescribed  by 
the  Legislature, so  as  to  conform,  as  nearly  as  practicable*|,o  the  Consti- 
tution and  laws  of  the  United  States." 

And  thereupon  the  question  was  had,  "will  the  Convention  adopt  the 
amendment?"'  and  determined  in  the  negative;  ayes  14,  noes  42. 

The  ayes  and  noes  bein^.  demanded  by  Mr  ROBERTSON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Blount,  Cnhal,  Cobbs,Doaglass,  Fulton,  Fogg,Garrett, 
Hill,  Loving,  Purdy,  Robertson,  Scott  and  Ury;  14. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Bur- 
ton, Cannon,  Childress,  Cheatham,  Cross,  Gillespy,  Gray,  Gordon, 
Hodges,  Huntsman,  Humphreys.  Hess,  Kelly,  Kiucaid,  Kendall,  Kim- 
brou<ih,  Ledbetter,  McClellan,  Robert  J.  McKinney,  John  A.  McKin- 
ney,, Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Roadman, 

ichardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Whitson, 

Kite,  Webster  and  Weakley;  42. 

Mr  HESS  proposed  to  amend  said  section,  by  striking  out  the  words 
"persons  subject  to  military  duty",  and  inserting  the  words  "the  white 
male  citizens  over  eighteen  years  of  a^e." 

In  lieu  of  which  Mr  PURDY  offered  the  following :  "or  have  hereto- 
fore performed",  and  the  question  being  had  on  receiving  said  amend- 
ment, it  was  rejected. 

The  question  then  recurred  upon  the  adoption  of  Mr  SHARP'S  amend- 
ment, and  was  determined  in  the  negative;  ayes  24,  noes  32. 


$ 


247 

The  ayes  and  noes  being  demanded  by  Mr  SELYUP, 

»The  affirmative  voters  arc, 
Messrs.  Armstrong,  Burton,  Blount,  Cahfil,  Cross,  Fulton,  Fogg,  Gar- 
rett,  Hodges,  Hill.  Huntsman,  K'-lly,  Kincaid,  John  A.  McKJnnry,  Ma- 
bry,  Neil,  Purely,  Roadman,  Ridley,  Smith,   Smarit,  Sharp,  JScott  and 
Ury;  21. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradsha\v,  Cannon, 
Childress,  Cobbs,  Cheatham,  Douglass,  Gillespy,  Gray,  Gordon,  Hum- 
phreys, Hess,  Kendall,  Kimbrough,Ledbctter,  Loving.  MeCicliun,  Ro- 
bert J.  McKinney,  McGaughey,  Montgomery, Marr,  Nelson,  Richard- 
son, Robertson,  Stephenson,  Senter,  Whitson,  White,  Webster  and 
Weakley;  32. 

The  said  first  section  was  thereupon  concurred  with. 

The  second  section  was  read,-  and  amended,  on  motion  of  Mr 
SMARTT,  by  striking  therefrom  the  words  "Brigade  Majors"  and  in- 
serting in  lieu  the  words  Cistaff  officers".  The  said  section  was  again 
read,  as  amended,  and  adopted. 

The  third  and  fourth  sections  of  said  article  were  thereupon  read 
and  concurred  with. 

The  Convention  then  proceeded  to  the  consideration  of  the  eighth 
article  of  the  amended  Constitution,  as  reported  by  the  Committee  ol 
the  Whole. 

Mr  SMITH  moved  to  strike  therefrom  the  first  section  thereof. 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive ;  ayes  4,  noes  52. 

The  ayes  and  noes  being  demanded  by  Mr.  LEDEETTER, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cabal,  Smith  and  Ury;  4. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount,  Cannon,  Childress,  Cobbs,  Cheatham.  Cross,  Douglass,  Ful- 
ton, Fogg,  Garrett,  Gillespy.  Gray,  Gordon,  Hodges,  Hill,  Huntsman, 
Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter, 
Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Montgomery,  Marr,  .Neil,  Nelson,  Purdy,  Roadman, 
Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smartt,  Sharp, 
Scott,  Whitson,  White,  Webster  and  Weakley;  52. 

The  said  first  section  was  thereupon  adopted. 

The  second  section  was  also  read  and  concurred  with. 

The  third  section  being  read, 

Mr.  FULTON  submitted  the  following  in  lieu  thereof  ;  to  wit : 

"The  Legislature  may  provide  by  law,  that  no  person  shall  be  capa- 
ble of  holding  or  being  elected  to  any  post  of  profit,  trust  cr  emolu- 
ment ;  civil  or  militarj,  legislative,  executive,  or  judicial,  under  the 
government  of  this  State  ;  who  shall  hereafter  fignt  a  duel,  the  proba- 
ble issue  of  which  may  be  the  death  of  the  challenger  or  challenged, 
or  who  shall  be  a  second  to  either  party,  or  shall  in  any  manner,  aid 


248 

or  assist  in  such  duel,  or  shall  be  knowingly  the  bearer  of  such  chal- 
lenge." 

Mr.  CANNON  moved  to  amend  the  said  third  section  by  adding  there- 
to the  following,  to  wit :  "Until  restored  to  the  same  by  the  Legisla- 
ture;" and  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive ;  ayes  18,  noes  38. 

The  ayes  and  noes  being  demanded  by  Mr.  CANNON, 

The  affirmative  voters  are, 

Messrs.  Burton,  Cannon,  Childress,  Cahal,  Cobbs,  Cross,  Douglass, 
Fulton,  Gray,  Huntsman,  Kincaid,  Ledbetter,  JVicClellan,  Mabry, 
Montgomery,  Ridley,  Scott  and  Ury;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Blount,  Cheatham,  Fogg,  Garrett,  Gillespy,  Gordon,  Fodges, 
Hill,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Loving,  Robert 
J.  McKinney,  John  A.  McKinney,  McGaughey,  Marr,  Neil,  Nelson, 
Purdy,  Roadman,  Richardson,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Whitson,  White,Webster  and  Weakley  ;  38. 

Mr.  GORDON  thereupon  moved  to  amend  the  said  section,  by  strik- 
ing therefrom  all  the  part  thereof  after  the  word  ''deprived,"  for  the 
purpose  of  inserting  the  following,  to  wit :  "of  the  right  to  hold  any 
office  of  honor  or  profit  in  this  State,  and  shall  be  punished  otherwise, 
in  such  manner  as  the  Legislature  may  prescribe." 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive; ayes  25,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr.  GORDON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Cannon,  Childress,  Cahal,  Cheatham, 
Crass,  Douglass,  Gray,  Gordon,  Hill,  Huntsman,  Kelly,  Kincaid, 
Ledbetter,  McClellan,  Montgomery,  Marr,  Purdy,  Richardson,  Rid- 
ley, Robertson,  Smith,  Scott  and  Ury  ;  25. 

The  negative  voters  are, 

Messrs.  President  ( Carter ), Bradshaw,  Blount,  Cobbs,  Fulton,  Fogg, 
Garrett,  Gillespy,  Hodges,  Humphreys,  Hess,  Kendall,  Kimbrough, 
Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  Mc- 
Gaughey, -Neil,  Nelson,  Roadman,  Stephcnfon,  Senter,  Smartt,  Sharp, 
Whitson, White,  Webster  and  Weakley;  29. 

The  question  then  recurred  upon  the  adoption  of  Mr.  FULTON'S 
amendment,  and  being  thereon  had,  it  was  determined  in  the  negative; 
ayes  26,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr.  FULTON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Cannon,  Childress,  Cahal,  Cobbs, 
Cheatham,  Cross,  Fulton,  Gray,  Gordon,  Huntsman,  Humphreys,  Kel- 
ly, Kincaid,  Ledbetter,  Loving,  McClellan,  Montgomery,  Purdy,  Rid- 
ley, Robertson,  Scott,  Ury  and  White ;  26. 

The  nega'ive  voters  are 

Messrs.  President  (Carter),  Bradshaw,   Blount,  Douglass,  Fogg, 


249 

Garrett,  Gillespy,  Hodges,  Hill,  Hess,  Kendall,  Kimbrough,  Robert  J. 
M'Kinney,  John  A.  McKinney,  Mabry,  McGaughey,  Marr,  Neil, 
Nelson,  Roadman,  Richardson,  Stephenson,  Senter,  Smith,  Smartt, 
Sharp,  Whitson,  Webster  and  Weakley;  29. 

And  so  said  amendment  was  rejected. 

Whereupon  Mr.  FULTON  moved  a  reconsideration  of  the  vote  re- 
jecting Mr.  GORDON'S  amendment,  which  motion  prevailing,  the  ques- 
tion was  thereupon  had  upon  the  adoption  of  said  amendment,  and  de- 
termined in  the  affirmative  ;  ayes  30,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr.  WEAKLEY, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Cannon,  Childress,  Cahal,  Cobbs, 
Cheatham,  Cross,  Douglass,  Fulton,  Gray,  Gordon,  Hill,  Huntsman, 
Humphreys,  Kelly,  Kincaid,  Ledbetter,  Loving,  McClellan,  Mont- 
gomery, Marr,  Purdy,  Richardson,  Ridley,  Robertson,  Scott,  Ury  and 
White  ;  30. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Fogg, 
Garrett,  Gillespy,  Hodges,  Hess,  Kendall,  Kimbrough,  Robert  J.  Mc- 
Kinney, John  A.  McKinney,  Mabry,  McGaughey,  Neil,  Nelson, 
Roadman,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Whitson,  Web- 
ster and  Weakley  ;  26. 

The  said  section  was  thereupon  read  as  amended  and  adopted. 

The  first  section  of  the  ninth  article  being  read, 

Mr.  Burton  moved  to  strike  therefrom  all  that  part  thereof  after  the 
words  "oath  of  office";  and  thereupon,  the  question  was  had  and  de- 
termined in  the  affirmative;  ayes  36,  noes  20. 

The  ayes  and  noes  being  demanded  by  Mr.  BURTON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Childress,  Cahal, 
Cobbs,  Cheatham,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges, 
Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter, 
Loving,  McClellan,  Mabry,  McGaughey,  Neil,  Nelson,  Purdy,  Rich- 
ardson, Robertson,  Smartt,  Sharp,  Scott,  Ury,White  and  Weakley;  36. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Blount,  Cannon,  Fulton, 
Fogg,  Garrett,  Hill,  Huntsman,  Robert  J.  McKinney,  John  A.  McKin- 
ney, Montgomery,  Marr,  Roadman,  Ridley,  Stephenson,  Senter, 
Smith,  Whitson  and  Webster  ;  20. 

And  then  the  Convention  adjourned. 

FRIDAY,  August  8,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  KIMBROUGH  of  the  Baptist  Church. 

Sir  CANNON  presented  a  counter  memorial  from  sundry  citizens  of 
Bedford  county,  on  the  subject  of  new  counties j  which  was  read  and  or- 
dered to  the  table. 


250 

Mr  KTNCAID  moved  to  take  up  the 'fourth  section  of  the  ninth  article, 
which  motion  prevailing,  said  section  was  ordered  up. 

Whereupon  Mr  KINCAID  further  moved  to  lay  said  section  upon  the  ta- 
ble until  it  be  regularly  reached  on  the  second  reading  of  the  Constitu- 
tion, which  motion  prevailed,  and  said  section  was  ordered  to  the  table. 

Mr  MONTGOMERY  submitted  the  following: 

"Resolved,  That  the  amended  Constitution  shall  be  submitted  to  the 
people,  to  be  by  them  adopted  or  rejected  at  their  discretion. 

"And  for  the  purpose  of  carrying  the  foregoing  resolution  into  effect, 

"Resolved  further.  That  at  as  early  a  day  as  practicable  after  the  rise 
of  this  Convention,  the  new  Constitution  shall  be  printed,  and  circulat- 
ed throughout  the  State;  and  on  the  first  Thursday  and  Friday  in  March 
next,  the  sheriffs  or  returning  officers  of  the  different  counties,  shall  at 
the  different  places  of  election  now  established,  open  the  polls  for  the 
reception  of  votes  for  and  against  the  amended  Constitution,  and  shall 
immediately  after  the  election  aforesaid,  make  out  and  forward  to  the 
Governor,  a  return  of  the  votes  taken  in  their  respective  counties,  both 
for  and  against  the  new  Constitution,  and  the  Governor  shall  within  two 
months  thereafter,  compare  all  the  votes  so  to  him  returned,  and  if  it 
shall  appear  that  a  majority  of  all  the  votes  so  taken  and  returned,  are 
in  favor  of  the  amended  Constitution,  he  shall  thereupon  issue  his  pro- 
clamation to  that  effect,  and  the  amended  Constitution,  shall  henceforth 
be  the  Constitution  of  the  Slate  of  Tennessee." 

The  Convention  then  resumed  the  consideration  of  the  report  of  the 
Committee  of  the  Whole. 

The  first  section  of  the  ninth  article  as  amended,  was  thereupon  read 
and  concurred  in. 

The  second  section  of  the  ninth  article  being  read, 

Mr  JOHN  A.  McKmNEY,  thereupon  moved  to  strike  out  all  of  said 
section  after  the  second  line. 

Mr  CHILDRESS  moved  to  strike  out  from  the  fourth  line  of  said  sec- 
tion the  following  words,"1!  will  in  all  appointments  vote  without  favor, 
affection,  partiality  or  prejudice,  and"  which  was  rejected. 

Mr  COBBS  moved  to  amend  said  section  by  inserting  after  the  word 
"prejudice"  in  the  fifth  line  the  words  "except  in  the  case  of  a  candi- 
date from  my  own  county  or  district." 

Mr  LEDBETTER  offered  the  following  in  lieu  of  Mr  Cobbs'  amend- 
ment, to  wit:  "unless  otherwise  instructed  by  a  majority  of  the  people, 
I  represent;"  which  was  rejected. 

Mr  JOHN  A.  McKiNNEY  offered  the  following  in  lieu  o<  Mr  Cobbs'  a- 
mendment,  and  in  lieu  of  said  section,  to  wit:  "I,  A  B,  do  solemnly 
swear,  that  as  a  member  of  this  General  Assembly,  I  will,  in  the  first 
place,  do  the  best  I  can  for  myself — in  the  second  place  for  my  friends, 
and  in  the  third  place  for  the  State  of  Tennessee. 

On  motion  of  Mr  LEDBETTER,  said  proposed  amendment  was  laid  on 
the  table. 

Mr  ALLEN  offered  the  following  in  lieu  of  Mr  Cobbs'  amendment, 
and  in  lieu  of  all  of  said  section  alter  the  second  line,  to  wit:  "and  that 


251 

I  will  faithfull}-  and  impartially  discharge  the  duties  appertaining  to 
the  station  to  which  I  have  been  elected" — which  was  rejected. 

Mr  RIDLEV  proposed  in  lieu  of  Mr  Cobhs'  amendment,  the  following, 
to  wit:  "paying  a  due  regard  to  instructions" — which  was  rejected. 

Mr  WA.LTON  moved,  in  lieu  of  Mr  Cobhs'  amendment,  to  insert  after 
the  word  "State"  in  the  second  line,  the  words  ''and  of  the  United 
States";  and  to  strike  out  the  remainder  of  the  section;  which  motion 
was  rejected. 

The  question  then  recurred  upon  Mr  Cobbs'  amendment;  which  was 
rejected. 

Mr  PURDY  moved  to  strike  out  from  the  word  "will,"  in  the  fourth 
line,  to  the  word  "appear,"  in  the  fifth  line,  and  insert  the  following; 
"not  propose  or  assent  to  any  bill  or  resolution,  nor  give  any  vote"; 
which  was  also  rejected. 

Mr  STEPHENSON  moved  to  insert  the  words  "and  also  the  constitution 
of  the  United  Steles,"  after  the  word  "State,"  in  the  second  line  of  said 
section;  which  was  also  rejected. 

Mr  CAIIAL  moved  a  reconsideration  of  the  vote  on  Mr  STEPIIENSON'S 
amendment,  which  was  ordered;  and  the  question  being  had  thereon  it 
was  adopted. 

The  second  section  of  article  ninth  as  amended  was  thereupon  read 
and  concurred  in. 

The  third  section  being  read, 

Mr  HUNTSMAN  moved  to  amend  by  inserting  the  word  "gratuity"  af- 
ter the  word  "gift"  in  the  first  line;  which  wr.s  rejected. 

Mr  KIMBROUGJI  moved  to  strike  out  from  the  third  line  in  said  sec- 
tion the  words  "give"  and  "such"  and  insert  the  words  "gift  or"  pre- 
ceding the  word  "reward";  which  was  rejected. 

The  third  section  WHS  concurred  in. 

The  tenth  article  was  next  taken  up;  and  the  first  section  thereof  be- 
ing read,  was  concurred  in. 

The  second  section  being  read, 

Mr  President  (Carter),  olFercd  the  following  as  an  amendment  to  said 
section, to  wit: 

"When  the  Constitution  shall  be  submitted  to  the  people  for  ratifica- 
tion or  rejection,  they  shall  have  the  privilege  of  voting  for  the  second 
section  of  the  tenth  article  separately  from  the  balance  of  the  Constitu- 
tion, and  if  a  majority  of  the  people  think  proper  to  vote  for  said  second 
section  of  the  tenth  article,  (which  provides  for  an  amendment  of  the 
Constitution,)  and  to  vote  agmnst  ihe  remainder,  then  the  said  second  sec- 
tion of  the  tenth  article  shall  be  attached  to  the  old  Constitution  as  an  a- 
mendatory  section  thereof." 

Mr  CANNON  then  offered  the  following  in  lieu  of  Mr  CARTER'S  amend- 
ment, and  in  lieu  of  said  section;  to  wit: 

"That  whenever  two  thirds  of  the  general  assembly  shall  think  it  ne- 
cessary to  amend  or  change  this  Constitution,  they  shall  recommci.d  1o  the 
electors,  at  the  next  election  for  members  of  the  general  assembly,  to 
vote  for  or  against  a  Convention;  and  if  it  shall  appear  that  a  majority  of 


252 

all  the  citizens  of  the  State  voting  for  representatives, have  voted  fora 
Convention,  the  general  assembly  shall,  at  their  next  session,  call  a  Con- 
vention, to  consist,  of  as  many  members  as  there  may  be  in  the  general  as- 
sembly, to  be  chosen  in  the  same  manner,  at  the  same  place  and  by  the 
same  electors,  that  choose  the  general  assembly;  who  shall  meet  within 
three  months  after  said  election,  for  the  porpose  of  revising  and  amend- 
ing or  changing  the  Constitution." 

And  the  question  being  had,  "will  the  Convention  receive  said  amend- 
ment?" it  was  determined  in  the  negative;  ayes  5,  noes  51. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  Bradshaw, Cannon,  Fulton, Gillespy and  Robertson;  5. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Armstrong,  Alexander,  Burton,  Blount, 
Chiklress,  Cabal,  Cobbs,Cht>atham,  Cross,  Douglas?,  Fogg,  Garrett,  Gray, 
Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall, 
Kirnbrough,Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson, 
Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,Senter,  Smith,  Smartt, 
Sha.p,  Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weaklcy; 
DJU 

The  question  then  recurred  and  was  had,  on  the  adoption  of  Mr  Presi- 
dent Carter's  amendment;  and  determined  in  the  negative;  ayes  18,  noes 
38. 

The  ayes  and  noes  being  demanded  by  Mr  CARTER, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Blount,  Cahal,  Cobbs,  Cheatham, 
Douglass,  Fogg,  Garrett,  Huntsman,  Ledbetter,  Robert  J.  McKinney, 
John  A.  McKinney,  Montgomery,  Roadman,  Senter,  Ury,  Webster 
and  Weakley;  18. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Cannon, 
Childress,  Cross,  Fulton,  Gillespy,  Gray,  Gordon,  Hodges,  Hill, 
Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Loving,  McClellan, 
Mabry,  McGaughey,  Marr,  Neil,  Nelson,  Purdy,  Richardson,  Ridley, 
Robertson,  Stephenson,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  Wal- 
ton and  White;  38. 

Mr  CANNON  moved  to  strike  out  the  word  "six"  in  the  twentieth  line  of 
said  section,  ior  the  purpose  of  inserting  the  word  "ten";  which  was  re- 
jected. 

Mr  CHILDRESS  moved  to  strike  out  the  words  "a  majority"  from  the 
third  line  of  said  section,  fcr  the  purpose  of  inserting  the  word,  "two 
thirds";  which  was  also  rejected. 

Mr  CHILDRESS  otFered  the  following:  amendment  to  said  section;  to  wit: 

"And  th;it  there  shall  not  at  any  time  be  submitted  to  the  consideration 
of  the  people  as  an  amendment,  more  than  one  department  of  said  Con- 
stitution, to  wit:  either  the  Executive,  Legislative  or  Judiciary." 

Which  was  rejected. 


253 


n  lieu  of  the  said  section,  Mr.  BLOUNT  offered  the  following : 

"That  amendments  or  changes  of  this  Constitution  shall  be  made 
whenever  suggested  as  proper  by  the  vote  of  a  majority  of  the  people, 
and  made  known  to  the  Legislature  for  a  call  of  a  Convention  ;  in 
which  event  the  Legislature  shall  provide  for  the  call  of  a  Conven- 
tion accordingly,  to  consist  of  as  many  Members  as  there  may  be  in 
the  General  Assembly  at  that  time,  to  be  chosen  in  the  same  manner, 
at  the  same  places  and  by  the  same  electors  that  choose  the  Members 
of  the  General  Assembly,  who  shall  meet  together  in  Convention,  at 
the  place  appointed,  within  three  months  alter  the  said  election,  for 
the  purpose  of  revising,  amending,  or  changing  the  Constitution;  and 
no  Convention  shall  be  otherwise  proposed  or  called  than  at  the  ex- 
pressed instance  in  the  manner  above  said,  by  a  vote  of  the  majority 
of  the  people  of  the  State  ;  unless  a  majority  of  the  qualified  voters 
should, by  their  votes,express  their  preference  that  any  specified  amend- 
ment desired  should  be  duly  brought  before  the  people  by  law  passed 
by  the  Legislature,  which  may  afford  them  an  opportunity  of  adopting 
or  rejecting  the  same  in  a  regular  mode  of  proceeding,  to  be  prescrib- 
ed by  law,  and  in  such  latter  case,  such  shall  be  the  mode  of  amending  the 
Constitution  ;  and  amendments  effected  in  either  mode,  shall  be  de- 
clared by  proclamation  of  the  Governor  to  have  been  adopted  as  part 
oi  the  fundamental  law  of  the  State." 

And  the  question  being  had  on  the  adoption  of  said  amendment,  it 
was  rejected. 

Mr.  CHILDRESS  moved  to  strike  out  from  the  eighth  line  of  said 
section  the  word  "two-thirds"  for  the  purpose  of  inserting  the  word 
"majority";  and  the  question  being  had  thereon,  it  was  determined  in 
the  affirmative  ;  ayes  14,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr.  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Blount,  Childress,  Cahal,  Fulton,  Gillespy,  Ma- 
bry,  Roadman,  Richardson,  Smartt,  Sharp,  Scott,  Walton  and  Web- 
ster; 14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Cannon,  Cobbs,  Cheatham,  Cross,  Douglass,  Fogg,  Garrett,  Gray, 
Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess.  Kelly,  Kendall, 
Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  McGaughey,  Montgomery,  Marr,  Neil  Nelson, 
Purdy,  Ridley,  Robertson,  Stephenson,  Senter,  Smith,  Ury,  Whitson, 
White  and  Weakiey  ;  42. 

Mr.  MCCLELLAN  moved  to  strike  out  of  said  section  all  that  part 
thereof  from  the  word  "proposed"  in  the  fourteenth  line,  to  the  word 
"that"  in  the  sixteenth  line,  and  thereupon  the  question  was  had  and 
determined  in  the  affirmative. 

Mr.  ALEXANDER  moved  to  strike  out  of  said  section  in  the  twentieth 
line  thereof,  the  word  "six"  for  the  purpose  of  inserting  the  word 
"eight." 


254 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  22,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr.  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Cannon,  Childress,  Cobbs, 
Gheatham,  Douglass,  Huntsman,  Hess,  Kendall,  Kimbrough,  Ledbet- 
ter,  Loving,  McClellan,  Robert  J.  M'Kinney,  Neil,  Purdy,  Ridley,  Ro- 
bertson, Stephenson  and  Senter  ;  22. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Burton,  Blount,  Cahal, 
Cross,  Fulton,  Fogg,  Garrett,  Giilespy,  Gray,  Gordon,  Hodges,  Hill, 
Humphreys,  Kelly,  Mabry,  McGaughey,  Montgomery,  Marr,  Nelson, 
Roadman,  Richardson,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson, 
Walton,  White,  Webster  and  Weakley;  33. 

The  said  second  section  as  amended,  was  thereupon  read  and  con- 
curred in  ;  ayes  46,  noes  9. 

The  ayes  and  noes  being  demanded  by  Mr.  CANNON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw, Burton,  Cobbs,  Cross,  Fogg,  Garrett,  Gray,  Gordon,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Led- 
bctter,  Loving,  McClellan,  Robert  J.  McKinney,  Mabry,  McGaughey, 
Montgomery,  Marr,  Neil,  Nelson,  Purdy,  Roadman,  Richardson,  Rid- 
ley, Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson, 
Walton,  White,  Webster  and  Weakley;  46. 

The  negative  voters  are, 

Messrs.  Blount,  Cannon,  Childress,  Cahal,  Cheatham,  Douglass, 
Fulton,  Giilespy  and  Robertson  ;  9. 

The  third  section  was  read  and  concurred  in. 

The  schedule  was  next  read  :  whereupon  Mr.  HUNTSMAN  moved  to 
strike  out  thereof  the  words  "of  every  denomination,"  in  the  second 
line  ;  which  motion  prevailed. 

Mr.  HUNTSMAN  moved  to  insert  in  the  third  line  thereof  after  the 
word  "military"  the  words  "shall  continue  to  hold  their  offices"; 
which  motion  prevailed. 

Mr.  WHITE  moved  to  insert  in  the  seventh  line  thereof  after  the 
word  "qualified,"  the  words  "and  no  longer";  which  motion  prevailed. 

Mr.  FOGG  moved  to  strike   out  from  the   second  line   thereof,   the! 
words  uthat  all  the  laws  now  in  force  and  use  iii  this  State";  which 
motion  prevailed. 

Mr.  FOGG  moved  further  to  amend  the  first  section  of  said  schedule 
by  inserting  in  the  sixth  line  between  the  words  "and"  and  "their" 
the  word  "until";  and  the  word  4Cbe"  before  the  word  "elected"; 
which  motion  prevailed. 

Mr.  Marr  moved  to  strike  out  of  said  section,  all  that  part  thereof 
after  the  words  "no  longer"  in  the  seventh  line ;  which  motion  was 
rejected. 

The  said  first  section  as  amended,  was  read  and  concurred  in. 


255 

The  second  section  being  read, 

Mr.  MABRY  moved  to  strike  out  said  second  section,  and  thereupon 
the  question  was  had  and  determined  in  the  negative;  ayes  17,  noes 
39. 

The  ayes  and  noes  being  demanded  by  Mr.  CROSS, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Cabal,  Cobbs,  Douglass,  Fulton, 
Fogg,  Hodges,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Stephenson  and  White  ;  17. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Blount,  Can- 
non, Childress,  Cheatham,  Cross,  Garrett,  Giliespy,  Gray,  Gordon, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Ledbetter,  Lov- 
ing, Montgomery,  Marr,  Neil,  iNelson,  Purdy,  Roadman,  Richardson, 
Ridley,  Robertson,  Senter,  Smich,  Smartt,  Sharp,  Scott,  Ury,  Whit- 
son,  Walton,  Webster  and  Weakley  ;  39. 

In  lieu  of  said  second  section,  Mr.  COBBS  offered  the  following ;  to 
wit: 

"All  male  citizens  over  twenty-one  years  of  age,  now  or  hereafter 
owning  and  residing  on  a  legal  bonafide  occupant  claim,  south  and  west 
of  the  Congressional  reservation  line,  shall  be  competent  to  serve  in 
all  capacities  where  a  freehold  is  by  law  of  the  State  made  a  requisite 
qualification." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative. 

The  said  second  section  was  concurred  in  without  amendment. 

On  motion  of  Mr.  HUNTSMAN, 

The  report  of  the  Committee  on  private  and  local  legislation,  made 
on  the  24th  July,  was  taken  up,  read  and  concurred  in. 

The  second  report  made  by  the  same  committee  on  the  29th  of  Ju- 
ly, was  also  taken  up,  read,  and  concurred  in. 

On  motion  of  Mr.  HUMPHREYS, 

The  report  of  the  committee  on  the  common  school  fund  was  taken 
up  and  read,  and  concurred  in. 

On  motion  of  Mr.  HUNTSMAN, 

The  resolution  submitted  by  him,  on  the  25th  July,  on  the  subject  of 
contested  elections,  was  taken  up  and  read,  and  after  some  discussion 
being  had  thereon, 

Mr.  HUNTSMAN  asked  and  obtained  leave  to  withdraw  it. 

And  thereupon  the  Convention  adjourned. 

SATURDAY,  August  9, 1834, 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr.  JOHN  A.  McKiNNEY  submitted  the  following  : 

"Resolved,  That  when  the  Convention  adjourns  at  twelve  o'clock  on 


256 

this  day,  it  will  adjourn  until  Monday  next  at  nine  o'clock,  for  the  pur- 
pose of  affording  the  committee  on  Senatorial  arid  Representative  dis- 
tricts, an  opportunity  of  sitting  on  the  afternoon  of  this  day." 
And  the  rule  being  suspended,  said  resolution  was  adopted. 
Mr.  SMITH  presented  the   memorial  of  sundry   citizens  of  Jackson 
county  on  the  subject  of  emancipation  ;  whereupon,  on  motion  of  Mr. 
LEDBETTER,  said  memorial  was  laid  on  the  table. 

On  motion  of  Mr.  LEDBETTER, 

Ordered,  That  the  Constitution  as  amended  on  its  first  reading,  be 
printed  for  the  use  of  the  Convention. 
On  motion  of  Mr.  CHEATHAM,  it  was 

Ordered,  That  Messrs.  Loving  and  Ledbetter  be  appointed  to  su- 
perintend the  printing  of  the  Constitution  in  obedience  to  the  forego- 
ing order. 

On  motion  of  Mr.  GARRETT, 

Ordered,  That  one  hundred  and  twenty  copies  of  the  Constitution, 
as  amended,  be  printed  for  the  use  of  the  Convention. 

Mr.  STEPHEINSON  submitted  the  following  : 

Resolved,  That  a  committee  of  members  be  appointed  to  as- 

certain and  report  the  expenses  of  this  Convention  up  to  of  the 

present  month,  inclusive,  and  no  longer. 

On  motion  of  Mr.  CHILDRESS,  the  Convention  took  up  that  part  of 
the  report  of  the  Committee  of  the  Whole,  on  the  subject  of  enumer- 
ation and  the  apportionment  of  representation  ;  which  being  read, 

Mr.  STEPHENSON  thereupon  offered  the  following  in  lieu  of  said  re- 
port : 

"In  the  year  one  thousand  eight  hundred  and  forty-two  and  with- 
in every  subsequent  term  of  ten  years  an  enumeration  of  the  quali- 
fied voters  shall  be  made  in  such  manner  as  shall  be  directed  by  law, 
or  the  General  Assembly  may  take  the  enumeration  made  by  the  au- 
thority of  the  United  States  of  such  qualified  voters  instead  thereof." 

On  motion  of  Mr  HUNTSMAN,  said  report  and  the  proposed  amend- 
ment, were  laid  on  the  table. 

Mr  FULTON  moved  that  the  Bill  of  Rights  be  stated  the  first  arti- 
cle of  the  Constitution,  and  so  printed;  which  motion  prevailed. 

On  motion  of  Mr  NEIL,  the  resolution  heretofore  submitted  by  him 
on  the  subject  of  appointing  jurors,  was  taken  up  and  read. 

And  the  question  being  put,  "will  the  Convention  adopt  said  reso- 
lution?'' it  was  determined  in  the  negative;  ayes  7,  noes  47. 

The  ayes  and  noes  being  demanded  by  Mr.  NEIL, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Hill,  Kelly,  Neil,  Smith,  Smartt  and  Sharp;  7. 

The  negative  voters  are, 

Messrs.  Allen.  Alexander,  Bradshaw,  Burton,  Blount  Cannon, 
Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg, 
Garrett,  Gillespy,  Gray,Gordon,  Hodges,  Huntsman,  Humphreys,  Hess, 
Kincannon,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Ro- 
bert J.  McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Nelson, 


Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Sen.ter, 
Scott,  Ury,  Whitson,  White,  Webster  and  Weakley  ;  47, 

Mr.  FOGG  moved  that  the  Convention  take  up  tho  subject  of  impos- 
ing taxes,  which  motion  prevailed  ;  thereupon  he  offered  the  following 
amendment  to  be  added  to  the  twenty-seventh  section  of  article  se- 
cond ;  to  wit : 

k'The  General  Assembly  shall  have  power  to  authorize  the  several 
counties  and  corporations  in  this  State  to  impose  taxes  for  county  and 
corporation  purposes,  respectively,  in  such  manner  as  shall  be  prescrib- 
ed by  law.  And  all  property  shall  be  taxed  according  to  its  value  upon 
the  same  principles  as  are  established  in  regard  to  State  taxation." 

And  the  question  being  had  on  the  adoption  of  said  amendment,  it. 
was  determined  in  the  affirmative. 

On  motion  of  Mr.  GARRETT,  the  resolution  heretofore  submitted  by 
him  on  the  subject  of  bank  stock,  was  taken  up  and  read,  and  the 
question  being  had, "will  the  Convention  adopt  said  resolution?"  it 
was  determined  in  the  affirmative. 

Mr.  GARRETT  further  moved  that  said  amendment  be  attached  to  the 
second  article  of  the  Constitution,  and  made  the  thirtieth  section 
thereof;  which  motion  prevailed. 

On  motion  of  Mr.  HUNTSMAN,  the  resolution  submitted  by  him  o,n 
the  25th  July,  in  relation  to  the  election  of  county  officers,  was  taken 
up  and  read,  and  the  question  being  had,  "will  the  Convention  adopt 
said  resolution  as  an  amendment  to  the  Constitution  r"  it  was  deteiv 
mined  in  the  affirmative  ;  ayes  45,  noes  5. 

The  ayes  and  noes  being  demanded  by  Mr.  STEPHENSON, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter ),  Bradshaw,  Burton,  Blount,  Cannon, Chil- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fogg,  Garrett,  Gilles- 
.py,  Gray,  Cordjn,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kel- 
ly, Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinuey, 
McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Roadman,  Richardson, 
Ridley,  Robertson,  Senter,  Smith,  Sharp,  Scott,  Ury,  Whitson,  White, 
Wehster  and  Weakley;  45. 

The  negative  voters  are, 

Messrs.  Fulton,  Kendall,  Mabry,  Purdy  and  Stephenson  ;  5. 

On  motion  of  Mr.  HUNTSMAN,  the  subject  of  enumeration  and  re- 
presentation was  again  taken  up. 

Whereupon  Mr.  HUNTSMAN  offered  the  following,  as  an  amendment 
to  the  second  article  of  the  Constitution  and  in  lieu  of  Mr.  Stephen- 
son's  amendment;  to  wit  : 

"An  enumeration  of  the  free  taxable  inhabitants  and  an  apportion- 
ment of  the  representation  in  the  General  Assembly,  shall  be  made  in  the 
year  one  thousand  eight  hundred  and  forty-two,  and  within  every  sub- 
sequent term  of  ten  years  thereafter. 

"The  General  Assembly  shall  provide  for  taking  the  enumeration, 
and  shall  apportion  said  representation  agreeably  to  the  principles  of 
this  Constitution." 

U 


258 

And  the  question  being  had  on  receiving  said  proposed  amendment 
in  lieu  of  Mr.  Stephenson's  amendment,  it  was  determined  in  the  af- 
firmative. 

The  question  was  then  had,  "will  the  Convention  adopt  said  amend- 
ment as  a  part  of  said  second  section  of  the  second  article  ?"  and  de- 
termined in  the  affirmative. 

Mr.  FOGG  offered  the  following  as  an  amendment  to  the  Constitu- 
tion, to  be  inserted  after  the  Declaration  of  Rights  ;  to  wit : 

ARTICLE  II. 

SECTION  1.  The  powers  of  the  Government  shall  be  divided  into 
three  distinct  Departments,  the  Legislative,  Executive  and  Judicial. 

SEC.  2.  No  person  or  persons  belonging  to  one  of  these  Depart- 
ments, shall  exercise  any  of  the  powers  properly  belonging  to  either 
of  the  others,  except  in  the  cases  herein  expressly  directed  pr  per- 
mitted. 

Mr.  MARR  moved  to  strike  out  the  exception  in  said  proposed  a- 
mendment ;  which  motion  was  lost. 

Mr.  GRAY  moved  to  add  the  word  "after"  to  the  word  "herein"  in 
said  amendment;  which  motion  was  lost. 

The  question  was  then  had  on  the  adoption  of  said  amendment  of 
Mr.  FOGG;  and  the  same  was  adopted. 

Mr.  MABRY  submitted  the  following  : 

Resolved,  That  the  first  election  for  Sheriffs,  Clerks,  and  all  other 
elections  for  civil  officers,  that  is  to  be  by  the  qualified  voters,  under 
the  new  Constitution,  shall  take  place  on  the  first  Thursday  and  Fri- 
day in  April  one  thousand  eight  hundred  and  thirty-five,  and  shall 
be  then  regulated  in  future  by  the  Legislature  at  such  time  and  places 
as  may  be  prescribed  by  the  Legislature  :  provided,  the  new  Consti- 
tution shall  be  accepted  or  adopted. 

And  thereupon  the  Convention  adjourned. 

MONDAY,  August  11,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Reverend  Mr  PITTS,  of  the  Methodist  Episcopal 
Church. 

Mr.  BLOUNT  submitted  the  fallowing  : 

"1st.  That  the  townships  or  valuation  districts,  at  their  annual  meet- 
ings for  the  election  of  officers,  shall  choose  three  or  more  judicious 
freeholders,  or  other  persons  of  known  probity  and  good  character,  to 
hear  and  finally  determine  all  appeals  relative  to  unjust  assessments 
in  cases  of  county  taxes;  which  commissioners  of  appeal  shall,  for  that 
purpose,  sit  at  some  suitable  time  or  times,  to  be  by  them  appointed, 
and  made  known  to  the  people  of  said  district  by  advertisements  set 
up  at  public  places;  and  shall  correct  and  adjust  all  such  unjust  assess- 
ments, according  to  the  principles  of  justice  and  law  applicable  there- 


259 

to,  and  the  tax  shall  be  collected  accordingly,  and  not  otherwise:  and 
shall,  moreover,  file  a  copy  of  their  proceedings,  in  all  such  cases  of 
correction,  with  the  clerk  of  the  county  court  or  county  trustee,  or 
with  the  clerk  of  the  township  meetings,  for  the  inspection  of  any 
person  concerned — the  correction  of  unjust  assessments  should  he 
provided  for. 

<;2nd.  That  the  Legislature  be  authorized  and  required  to  provide 
by  law,  that  the  respective  county  courts  of  this  State  shall  elect  one 
competent  accountant,  of  reputed  integrity  and  correct  business  habits, 
whose  duty  it  shall  be  to  take  cognizance  of  the  accounts,  supported 
by  vouchers  of  unexceptionable  character,  when  rendered  by  execu- 
tors, administrators,  guardians  and  trustees  of  the  estates  of  deceased 
persons  of  the  county  or  elsewhere,  to  the  adjusting  of  which  they  are 
acting  executors,  administrators,  guardians  or  trustees,  for  settlement: 
that  it  be  his  duty  to  settle  such  accounts  finally  with  them  and  report 
the  same  to  the  county  court:  that  he  be  appointed  for  two  years,  take 
an  oath  of  office  to  act  faithfully,  and  to  settle  such  accounts  according 
to  the  very  right  of  the  matter  and  the  Inw  of  the  land,  to  the  best  of 
his  knowledge:  which  accounts,  so  settled, shall  remain  in  his  oflice  for 
inspection;  and  that  the  executor,  administrator,  guardian,  or  trustee, 
shall  within  three  months  after  such  settlement,  give  due  notice  in  writ- 
ing, to  all  persons  entitled  to  shares  of  the  estate,  or  to  their  guardians 
respectively,  if  residing  within  the  State,  and  if  not  in  the  State,  by 
public  advertisement  in  some  newspaper,  that  the  account  is  lodged  in 
said  office  for  inspection;  that  said  commissioner  shall  be  allowed 
such  fees  as  shall  be  allowed  by  law,  to  be  paid  by  the  parties  concern- 
ed, or  a  moderate  rate  of  commission  on  the  amount  of  said  accounts,  to 
be  allowed  by  the  county  court,  only,  to  be  paid  by  the  parties  them- 
selves— (exceptions  may,  however,  be  made  by  persons  concerned,  to 
both  sides  of  every  such  account,  either  denying  the  justice  of  the  al- 
lowances made  to  the  accountant,  or  alleging  further  charges  against 
him;  and  the  exceptions  shall  be  heard  in  the  county  court;  and  there- 
upon the  account  shall  be  adjusted  and  settled  according  to  the  right  of 
the  matter  and  the  law  of  the  land) — the  best  security  of  the  estate^ 
of  orphans  require  that  such  provisions  should  be  made  the  law  of  the 
land. 

"3rd.  In  order  that  the  Veedom,  rights  and  interests  of  the  people  of 
this  State  may  be  preserved  inviolate  forever,  there  shall  be  elected  by 
joint  vote  of  the  Legislature,  once  in  every  years,  within  the  first 

week  of,  or  during  the  first  session  held  under  this  Constitution,  and  with- 
in the  first  week  of,  or  during  the  session  in  eveiy  years  thereaf- 
ter, five  persons  of  undoubted  probity  and  qualification,  selected  from 
different  parts  of  the  State  by  districts,  to  be  laid  off  by  the  counties  to 
compose  each  district,  one  member  fiom  each,  but  no  member  of  the 
Legislature  to  be  eligible;  which  body,  of  five  members,  shall  be  called 
a  State  Council,  for  correcting  abuses;  who  shall  meet  together  on  the 
first  Wednesday  in  January  and  June,  ensuing  their  election;  and  whose 
duty  it  shall  be,  to  inquire,  from  public  data  and  legal  testimony,  whe" 


260 

ther  the  Constitution  has  been  preserved  inviolate  during  the  last  or  pre- 
ceding years,  including  the  year  of  their  service;  and  whether 
the  legislative  and  executive  branches  of  government  have  performed 
their  duty  as  guardians  of  the  rights  of  the  people  on  the  one  hand,  and 
whether  on  the  other,  they  have  assumed  to  themselves  or  exercised  oth- 
er or  greater  powers  than  they  are  entitled  to  possess  and  exercise  by 
the  Constitution:  they  are  also  to  inquire,  whether  the  public  taxes 
have  been  justly  laid,  fully  collected  and  duly  accounted  for,  in  all  parts 
of  the  State;  also  to  see  and  make  known,  in  what  manner  the  public 
moneys  have  been  appropriated  and  disposed  of:  and  likewise  to  exa- 
mine and  declare,  whether  the  laws  have  been  duly  executed  or  not. 
For  these  purposes,  they  shall  have  power  to  send  for  persons,  papers, 
and  records:  they  shall  have  authority  to  pass  public  censures  for  mal- 
practices, and  to  recommend  to  the  Legislature  the  repealing  such  laws 
as  shall  appear  to  them  to  have  been  passed  contrary  to  the  principles 
of  the  Constitution;  they  shall  also  have  power  to  order  necessary  pro- 
secutions promptly  against  offenders  against  the  law,  when  thus  publicly- 
ascertained  to  be  in  default;  they  shall  also  constitute  the  court,  for  the 
trial  of  impeachments,  when  necessary,  and  whenever  called  to  sit  as  a 
court  of  impeachment,  by  proclamation  of  the  Governor,  they  shall 
convene  for  that  purpose  at  the  time  and  place  specified  in  the  procla- 
mation:— These  powers  they  shall  continue  to  have  and  exercise,  under 
due  responsibility  for  any  abuse  or  neglect  of  them,  for  and  during  the 
space  of  one  year,  as  a  council,  from  their  election,  and  no  longer,  ex- 
cept to  sit  as  a  court  for  the  trial  of  impeachments,  which  they  may  hold 
at  any  time,  when  called,  within  the  term  of  years  they  were  elected 
for:  But  as  a  board  or  council,  they  shall  sit  only  twice  in  that  year, 
of  their  election,  and  then  only  for  a  reasonable  length  of  time  at  each 
of  those  two  sittings  or  sessions;  and  to  be  allowed  a  per  diem  pay  as 
the  law  may  direct  for  the  time  they  maybe  employed  at  their  :?it(J 
and  holding  the  court  of  impeachment. 

'•Said  council  shall  also  have  power  to  recommend,  at  the  instance 
of  a  specified  majority  of  the  people,  (expressed  at  such  time  and  man- 
ner under  a  general  law  to  secure  the  right  of  voting  to  that  end)  the 
call  of  a  Convention  to  amend  the  Constitution,  to  meet  within  two 
years  after  their  sitting,  or  sooner, if  it  appears  to  them  to  bo  absolutely 
necessary  to  amend  any  article  of  that  instrument  which  may  be  defec- ' 
tive:  they  shall  also  have  the  power  of  explaining  such  articles  as  may 
be  thought  to  be  not  clearly  expressed,  to  the  consideration  of  the  Con- 
vention, and  likewise  the  power  of  recommending  such  amendments  as 
are  necessary  to  be  made,  by  a  Convention,  for  the  preservation  of  the 
rights  and  happiness  of  the  people.  But  the  articles  to  be  amended^ 
and  the  amendments  proposed,  and  such  articles  as  are  proposed  to  be 
added  or  abolished,  shall  be  promulgated  at  least  six  months  before  the 
day  appointed  for  the  election  of  the  members  of  such  Convention,  for 
the  previous  consideration  of  the  people,  that  they  may  have  an  oppor- 
tunity of  instructing  their  delegates  on  the  subject. 
"4th.  Whereas  it  is  declared  in  the  Bill  of  Rights,  unanimously 


261 

adopted  by  this  Convention  as  one  article  thereof,  that  all  power  is  in- 
herent in  the  people,  and  that  all  free  governments  are  founded  on 
their  authority,  and  instituted  hy  their  consent,  for  their  peace,  safety 
and  happiness,  they  being  the  only  acknowledged  and  rightful  sove- 
reigns of  a  free,  independent  State,  and  the  rightful  and  only  owners 
of  the  State,  of  its  government,  of  all  the  great  community  of  public 
interests  within  the  State;  and  that  government  being  instituted  for  the 
common  benefit:  and  whereas,  to  the  ends  of  promoting  the  peace,  safe- 
ty and  happiness,  it  is  declared  in  said  Bill  of  Rights,  that  the  people 
have,  at  all  times,  an  unalienableand  indefeasible  right  to  alter,  reform, 
change,  or  abolish  the  government  in  such  manner  and  time  as  they 
may  think  best  and  proper  for  themselves  as  a  free  and  independent  peo- 
ple, acknowledging  no  superior  civil  authority  over  them,  and  the  doc- 
trine of  non-resistance  against  arbitrary  exercise  of  power  and  oppres- 
sion, being  declared  to  be  absurd,  slavish  and  destructive  to  the  good 
and  happiness  of  mankind. 

"And  whereas  itis  provided  in  said  declaration  of  rights  reserved  to 
the  people,  that  they  shall  be  secure  in  their  liberty,  rights  of  person, 
property,  privileges  and  effects;  and  the  Constitution  otherwise  and  in 
a  different  article  provides,  that  laws  shall  be  made  to  support  the  pri- 
vilege of  free  suffrage,  prescribing  the  manner  of  regulating  and  con- 
ducting meetings  of  the  electors,  and  prohibiting,  under  adequate  pen- 
alties, all  undue  influence  therein,  from  power,  bribery,  tumult,  and  oth- 
er improper  conduct;  and  whereas  all  reasonable  laws,  resolves  and  re- 
gulations for  civil  government  should  be  made  for  the  defence  and  ben- 
efit of  the  people  of  this  State,  not  repugnant  to  this  Constitution,  nor 
to  that  of  the  United  States:  and  whereas  nothing  can  tend  more  effec- 
tually to  promote  the  great  ends  of  liberty,  of  equal  rights,  of  the  peace, 
order,  power  and  happiness  of  the  people  in  a  just  and  harmonious  man- 
ner, alluded  to  in  the  foregoing  preamble,  nor  tend  more  to  give  and 
strengthen  confidence  in  the  provisions  of  this  Constitution,  than  would 
that  of  submitting  that  result  of  the  labors  of  this  Convention  to  the 
good  people  of  this  State  for  their  consideration,  ratification  or  rejec- 
tion, according  to  their  right  of  exercising  their  own  good  will  and 
pleasure  to  be  expressed  at  general  elections,  to  be  held  in  the  respec- 
tive counties  of  tins  State,  to  be  provided  for  to  be  held  by  an  ordinance 
of  this  Convention  for  that  purpose,  therefore 

"Resolved,  That  this  Constitution  be  forthwith  submitted  to  the  good 
people  of  this  State  for  their  consideration,  ratification  or  rejection,  at  a 
general  meeting  in  the  counties  of  the  State,  at  a  time  to  be  set  by  :m 
ordinance  of  this  Convention,  and  if  ratified  by  a  majority  of  the  votes 
of  the  people,  it  shall  be  the  fundamental  law  of  this  State,  and  shall, 
after  such  ratification,  be  made  publicly  known  as  such  by  proclamation 
of  the  Governor  to  that  effect. 

"f)th.     Whereas  it  is  absurd  to  expect  obedience  to  the  laws  of  the 
State,  unless  provision  be  made  for  a  general  distribution  of  them  among 
the  good  people  of  the  Slate,  to  the  end  that  they  have  opportunities  of 
knowing  whiit^ »  Alexander,  bf»m  time  to  time,  are — therefore, 
,  Cobbs,  Douglass,  Fulu 


262 

"Resolved,  That  the  Legislature  be  authorized  and  required  to  pro- 
vide bylaw,  that  within  five  years  after  the  adoption  of  this  Constitution, 
the  body  of  our  laws,  civil  and  criminal,  shall  be  revised,  digested,  and 
arranged  under  proper  heads  by  persons  appointed  by  the  Legislature 
from  time  to  time  for  that  purpose:  and  that  such  laws  be  promulgated 
and  distributed  among  the  people  of  the  several  counties  of  the  State, 
in  such  proportions  and  manner,  and  within  such  periods  as  the  General 
Assembly  by  law  directs:  and  that  a  like  revision,  promulgation  and 
distribution  shall  be  made  within  every  subsequent  period  of  fifteen 
years,  for  the  valuable  purpose  of  enabling  the  people  to  know  what  the 
existing  laws  they  have,  at  the  cost  of  the  people,  had  passed,  are,  short 
of  which  provision  or  some  such,  nine-tenths  of  the  people  have  not  an 
opportunity  of  knowing  what  the  laws  they  are  to  be  governed  by,  with- 
out violation  at  their  peril,  are:  justice  requires  such  provision  to  be 
made. 

Mr  HUNTSMAN  submitted  the  following: 

"Resolvr/li  That  when  the  Convention  shall  have  finished  reading  the 
amended  Constitution  the  second  time,  a  committee  consisting  of  seven 
be  appointed  to  examine  and  fix  in  its  proper  place,  each  article  and 
section;  also  to  examine  and  correct  the  phraseology  and  arrange  the 
sentences,  &c.  in  their  place?,  and  report  the  same  to  the  Convention  for 
its  third  and  last  reading." 

On  motion  of  Mr  WHITE,  Mr  ARMSTRONG  was  added  to  the  Commit- 
tee on  Senatorial  and  Representative  Districts, 

On  motion  of  Mr  KIMUROUGII,  the  Convention  took  up  the  Constitu- 
tion, as  amended  on  its  first  reading: 

And  thereupon  the  first  article  being  read, 

Mr  JOHNA.  McKiNNEY  moved  to  strike  out  from  the  twenty-first  line  of 
the  thirty-first  section  thereof  the  words  "the  late";  which  motion  pre- 
vailed. 

Mr  JOHN  A.  McKiNNEY  further  moved  to  strike  out  the  thirty-second 
section  of  said  article;  which  motion  was  lost. 

Mr  AR31STKONG  moved  to  add  to  the  sixth  section  of  said  article  the 
following : 

"Except  such  jurisdiction  as  may  be  assigned  by  law  to  justices  of 
the  peace  out  of  court." 

Which  motion  was  rejected. 

The  first  article,  as  amended,  was  adopted. 

Article  second  was  next  taken  up, 

And  the  first  section  thereof  being  read,  was  adopted. 

The  second  section  being  read, 

On  motion  of  Mr  FULTON,  the  word  "expressly"  in  the  third  line 
thereof  was  stricken  out. 

Whereupon  said  section,  as  amended,  was  adopted. 

The  third  section  was  adopted. 

The  fourth  section  being  read, 

Mr  BURTON  moved  to  strike  out  the  words  "provided  that  any  one  of 
he  small  counties  having  two  thirds  of  Jl  'iititled  to  one 

member." 


263 

And  the  question  being  bad  on  striking  out,  it  was  determined  in  the 
negative;  ayes  15,  noes  35. 

The  ayes  arid  noes  being  demanded  by  Mr  BURTOX, 

The  affirmative  voters  are,  ^ 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Douglas?,  Fulton,  Fogg, 
Ledbettcr,  McClelian,  Richardson,  Ridley,  Stephcnson,  Ury,  White, 
Webster  and  Weakley;  16. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Blount, 
Cabal,  Cobbs,  Cross,  Garreit,  Gillcspy,  Gray,  Gordon.  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Loving, 
Robert  J. McKinney,  John  A.  McKinncy,  Mabry,  McGr.uirhey,  Marr, 
Purdv,  Roadman,  Robertson.  Senter,  Smartt,  Sharp,  Scott,  Whilson  and 
Walton;  35. 

Mr  KIMBROUGH  moved  to  strike  out  the  words  "until  the  population 
of  the  State  shall  be  one  million  and  a  half;  and  never  thereafter  more 
than  ninety-nine." 

Whereupon,  Mr  Jonx  A.  McKiNNEY  offered  the  following,  as  a  sub- 
stitute of  said  section;  to  wit: 

"Each  county  iti  the  State  shall  have  one  member  in  the  House  of 
Representatives;  and  no  county  shall  have  more  than  one  member." 

Mr  JOHN  A.  McKiNNEY  moved  a  division  of  the  question;  which  was 
accordingly  ordered. 

The  question  was  then  had  on  the  first  branch  thereof,  viz:  "each 
county  in  the  Stale  shall  have  one  member  in  the  Holism  of  Represen- 
tative"; which  was  determined  in  the  affirmative;  ayes  28,  noes  2-1. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Blount,  Cross,  Garreit,  Gray, 
Gordon,  Hodges,  Hill,  Huntsman,  Ifes,  Kelly,  Kendall,  Loving,  Mo- 
Clellan,  Robert  J.  McKinney,  John  A.  McKinncy,  Mabry,  McGaugh- 
ey,  Marr,  Roadman,  Robertson,  Stephenson,  Senter,  Smartt,  Sharp, 
Scott  and  Whitson:  28. 

The  negative  voters  are, 

Messrs.  Alien,  Alexander,  Bradshaw,  Burion,  Cannon,  Childress, 
Cabal,  Cobbs,  Douglass,  Fulton,  Fogg,  Giiiespy,  Humphreys,  Kim- 
brough,  Ledbetter,  Neil,  Purdy,  Richardson,  Ridley,  Ury,  Walton, 
White,  Webster  and  Wcaklcy;  24. 

^The  question  was  then  had  on  the  last  branch  of  said  proposition;  to 
wit:  "arid  no  county  shall  have  more  than  one  member";  and  determin- 
ed in  the  negative;  ayes  17,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  arc, 

Messrs  President  (Carter),  Armstrong,  Cross,  Garrctt,  Gray,  Hodges, 
Kelly,  Kendall,  McClelian,  Robeit  J.  McKinney,  John  A.  McKinney, 
Mabry,  McGaughey,  Neil,  Stephenson,  Sharp  and  Scott;  17. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dren, Cuba),  Cobbs,  Douglass,  Fulton,  Fogg,  Giiiespy,  Gordon,  Hill, 


264 

Huntsman,  Humphreys,  Hess,  Kimbrough,  Ledbetter,  Loving:,  Marr, 
Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Senter,  Smartt,  Ury, 
Whitson,  Walton,  White,  Webster  and  Wcakley;  35. 

Mr  MABRY  moved  a  reconsideration  of  the  vote  on  the  first  branch 
of  Mr  John  A.  McKinney's  proposition;  which  was  ordered. 

Mr  JOHN  A.  McKiNNEY  modified  his  proposition  as  follows: 

"Each  county  in  the  State  shall  have  one  member  in  the  House  of 
Representatives,  and  the  large  counties  shall  have  representation  in 
proportion  to  their  numbers,  so  that  the  whole  number  shall  not  exceed 
75." 

On  motion  of  Mr  CIIILDRESS,  said  section  together  with  the  propos- 
ed amendment  were  laid  on  the  table. 

The  fifth  section  being  read, 

Mr  GRAY  moved  to  strike  out  the  word  "Representatives''  for  the  pur- 
pose of  inserting  "Representation";  which  was  rejected. 

Mr  CAHAL  moved  to  strike  out  thcword "thereafter";  which  prevailed. 

Mr  ROBERTSON  moved  to  strike  out  the  words  "free  taxable  inhabi- 
tants", and  insert  the  words  "qualified  voters";  which  prevailed. 

Mr  PURDY  moved  to  strike  out  the  words  "an  enumeration  of  the 
qualified  voters,  and"  in  the  first  line  of  said  fifth  section;  which  was  re- 
jected. 

The  fifth  section  as  amended  was  adopted. 

The  sixth  section  was  read  and  adopted. 

The  seventh  section  being  read, 

Mr  GRAY  moved  to  amend  said  section,  by  the  following  in  lieu  of  the 
three  first  lines;  to  wit: 

"The  General  Assembly  shall,  at  the  several  periods  of  making  the 
enumeration,  fix  by  law  the  whole  number  of  Senator?,  and  shall  divide 
the  State  into  the  same  number  of  districts,  as  nearly  equal  in  the  num- 
ber of  qualified  electors  as  may  be.  each  of  which  districts  shall  be  en- 
titled to  one  Senator.  When  a  district  shall  be  composed  of  two  or 
more  counties,  they  shall  be  adjoining,  and  no  county  shall  be  divided  ' 
in  forming  a  district:  provided,  that  the  whole  number  of  Senators  shall 
never  exceed  one  third  the  Representatives." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative;  ayes  23,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr  GRAY, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Cabal,  Garrett,  Gillcspy,  Gray,  Gor- 
don, Hodges,  Hill,  Kelly,  Kendall,  Loving,  McClellan,  McGaughey, 
Roadman,  Richardson,  Stephenson,  Seriter,  Smartt,  Sharp,  Scott,  Whit- 
son  and  Webster;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Can- 
non, Childrcss,  Cobbs,  Douglass,  Fulton.  Fogg,  Huntsman,  Humphreys, 
Hess,  Kimbrough,  Lcdbetttr,  Robert  J.  Mckinney.  Mabry.  Marr,  Neil, 
Purdy,  Ridley,  Robertson,  Ury,  Walton,  White  and  Weakley;  "27. 

Mr  ALEXANDER  offered  the  following  amendment  to  taid  section;  to 


265 

wit:  "Prozirkd,  That  where  a  district  is  composed  of  two  or  mere  coun- 
ties, they  shall  be  adjoining,  and  that  no  county  shall  be  divided  in  form- 
ing a  district." 

"And  the  question  being  had,  said  amendment  was  received. 

The  seventh  section  as  amended  was  read  and  adopted. 

The  eighth,  ninth  and  tenth  sections  being  read;  in  lieu  of  said  sec- 
tions. Mr  GRAY  offered  the  following: 

"The  first  election  for  senators  and  representatives  shall  be  held  on 
the  first  Thursday  in  August  next.  The  second  election  shall  be  held 
on  the  first  Thursday  in  August  1837.  The  third  on  the  first  Thursday 
in  August  1840.  And  forever  thereafter  elections  shall  be  held  once 
in  two  years,  on  the  first  Thursday  in  August,  and  shall  terminate  the 
same  day." 

"The  first  session  of  the  General  Assembly ,  shall  commence  on  the 
first  Monday  in  October  1835.  The  second  on  the  first  Monday  in  Oc- 
tober 1837.  The  third  on  the  first  Monday  in  October  1840.  And  for- 
ever thereafter  the  General  Assembly  shall  meet  on  the  first  Monday 
in  October  next  ensuing  the  then  election." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  affirmative. 

Mr  JOHN  A.  McKiNNEY  moved  to  strike  out  the  word  "October," 
which  was  rejected. 

Mr  JOHN  A.  McKiNNEY  moved  to  strike  out  the  word  "two"  and  in- 
sert "three";  and  the  question  being  had  thereon,  it  was  determined  in 
the  negative;  aj-es  23,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Brad sh aw,  Childress,  Douglass,  Garrett, 
Hill,  Hess,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  Robert  J.  Mc- 
Kinney,  John  A.  McKinney,  McGaughey,  Marr,  Neil,  Roadman,  Rid- 
ley, Robertson,  Senter,  Sharp,  Walton  and  Weakley;  23. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton, Blount,  Cannon,  Cobbs, 
Cheatham,  Fulton,  Fogg,  Gillespy,  Gray,  Gordon,  Hodges,  Huntsman, 
Humphreys,  Kelly,  Loving,  Mabry,  Purdy,  Richardson,  Stephenson, 
Smith,  Smartt,  Scott,  Ury,  Whilson,  While  and  Webster;  29. 

The  said  sections  as  amended  were  adopted. 

The  eleventh  section  being  read,  Mr  GORDON  moved  to  insert  the 
words  "or  district"  after  the  word  ''county"  in  the  fourth  line  thereof; 
which  motion  prevailed. 

The  eleventh  section  as  amended  was  then  adopted. 

The  twelfth  section  being  read, 

Mr  ARMSTRONG  moved  to  strike  out  the  word  "thirty"  from  the  fourth 
line,  for  the  purpose  of  inserting  "twenty-five":  which  was  rejected. 

Mr  FOGG  proposed  the  following  amendment  to  said  section;  to  wit: 

"Senators  shall  be  chosen  by  the  qualified  voters,  for  the  term  of  four 
years,  at  the  same  time,  in  the  same  manner  and  at  the  same  places, 
where  they  may  vote  for  members  of  the  House  of  Representatives;  at 


266 

the  first  session  of  the  General  Assembly  after  this  constitution  takes  ef- 
fect, the  Senators  shall  be  divided  by  lot,  into  two  classes,  the  seats  of  the 
Senators  of  the  first  class  shall  he  vacated  at  the  expiration  of  two 
years,  so  that  one  half  shall  be  chosen  at  every  period  of  election,  and  a 
rotation  thereby  kept  up.  Such  mode  of  classifying  new  additional 
Senators  shall  be  observed,  as  will,  as  nearly  as  possible,  preserve  an 
equality  of  members  in  each  class." 

And  the  question  being  had  on  receiving  said  amendment,  it  was 
determined  in  the  negative;  ayes  15,  noes  37. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Childress,  Cobbs,  Fulton,  Fogg,  Gar- 
rett,  Huntsman,  Loving,  Robert  J.  McKinney,  John  A.  McKinney, 
Purdy,  Roadman,  Robertson,  Ury  and  VVeakley ;  15. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount,Can- 
non,  Cheatham,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Hum- 
phreys, Hess,  Kelly,  Kendall,  Kimbrough,  Ledbetter,  McClellan, 
Mabry,  McGaughey,  Marr,  Neil,  Richardson,  Ridley,  Stephenson, 
Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  Walton,  White  and 
Webster ;  37. 

Mr  HUNTSMAN  moved  a  reconsideration  of  the  vote  on  striking  out 
"thirty"  and  inserting  "twenty-five"  in  the  fourth  line  of  said  section; 
which  was  ordered. 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
ative; ayes  23,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Blount,  Cannon,  Cheat- 
ham,  Fulton,  Garrett^  Gillespy,  Hill,  Humphreys,  Ledbetter,  McClel- 
lan, Mabry,  McGaughey,  Purdy,  Richardson,  Ridley,  Robertson,  Ste- 
phenson, Smith,  Scott  and  White;  23. 

The  negative  voters  are, 

Messrs.  President  ( Carter),  Allen,  Burton,  Childress,  Cobbs,  Doug- 
lass, Fogg,  Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kelly,  Kendall, 
Kimbrough,  Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Marr, 
Neil,  Roadman,  Senter,  Smartt,  Sharp,  Ury,  Whitson,  Walton,  Web- 
ster and  Weakley;  29. 

The  twelfth,  thirteenth,  fourteenth,  fifteenth,  sixteenth,  seventeenth, 
eighteenth  and  nineteenth,  sections  of  the  third  article  were  several!/ 
read  and  adopted. 

The  twentieth  section  being  read, 

Mr  STEPHENSON  moved  to  strike  out  the  first  line  thereof;  which 
was  rejected. 

Mr  FOGG  moved  to  strike  out  from  the  first  line  of  said  section,  the 
words  "Each  House  shall  mature  its  own  bills,"  and  insert  the  words 
"Every  bill  shall  receive  three  several  readings  in  each  House,"  which 
was  received,  and  said  section  as  amended,  was  adopted* 


267 

The  twenty-first,  twenty-second,  twenty-third  and  twenty-fourth 
sections,  were  severally  read  and  adopted. 

The  twenty-fifth  section  being  read, 

Mr  HODGES  moved  to  fill  the  blank  with  the  word  "three." 

Thereupon  Mr  HUNTSMAN  moved  to  lay  said  section  on  the  table, 
which  motion  prevailed. 

The  twenty-sixth  section  being  read, 

Mr  SMARTT  proposed  to  amend  said  section  by  adding  the  follow- 
ing; to  wit:  "And  an  accurate  statement  of  the  receipts  and  expend- 
itures of  the  public  money  shall  be  attached  to,  and  published  with  the 
laws  at  the  rise  of  each  stated  session  of  the  General  Assembly;"  which 
amendment  was  received;  and  said  section,  as  amended,  was  adopted. 

The  twenty-seventh  and  twenty-eighth  sections  were  severally  read 
and  adopted. 

The  twenty-ninth  section  being  read, 

Mr  LEDBETTER  moved  to  strike  out  said  section;  which  motion  pre- 
vailed. 

The  thirtieth  section  was  read  and  adopted. 

The  thirty-first  section  being  read, 

Mr  WHITE  proposed  the  following  in  lieu  of  said  section,  viz  : 

"All  lands  liable  to  taxation  in  this  state,  held  by  deed,  grant  or  entry, 
whenever  the  same  shall  be  taxed,  shall  be  taxed  in  proportion  to  their 
value;  this  value  to  be  ascertained  by  classification,  assessment  or  any 
other  mode  that  the  Legislature  may  from  time  to  time  think  proper  to 
adopt." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative;  ayes  12,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr  HODGES, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Blount,  Cobbs,  Cheatham,  Fulton,  Fogg, 
Gordon,  Kendall,  Sharp,  White  and  Weakley;  12. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshawr, 
Cannon,  Childress,  Douglass,  Garrett,  Gillespy,  Gray,  Hodges,  Hill, 
Huntsman, Humphreys,  Hess,  Kelly,  Kincannon,  Kimbrough,  Ledbet- 
ter.  Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney, 
Mabiy,  McGaughey,  Marr,  Neil,Purdy,  Roadman,  Richardson,  Ridley, 
Robertson,  Stephenson,  Senter,  Smith,  Smartt,  Scott,  Ury,  Whitson, 
Walton  and  Webster;  41. 

Mr  JOHN  A.  M'KINNEY  moved  to  strike  out  the  words  "and  such" 
from  the  first  line  of  said  thirty-first  section;  but  before  any  action  was 
had  thereon, 

The  Convention  adjourned. 

TUESDAY,  August  12,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KIMBBOUGH  of  the  Baptist  Church. 


268 

Mr  WEBSTER  presented  sundry  memorials,  signed  by  seven  hun- 
dred and  sixty-four  citizens  of  Bedford  county,  in  support  of  the  spe- 
cial provisions  reported  by  the  select  committee  on  new  counties,  and 
in  support  of  the  course  pursued  by  the  Delegates  from  said  county  on 
that  subject: 

Which  were  severally  read  and  ordered  to  the  table. 
The  Convention  resumed  the  consideration  of  the  proposition  of  Mr 
John  A.  M'Kinney,  to  strike  from  the  first  line  of  the  thirty-first  section 
of  the  second  article  the  words  "and  such;"  which  proposition  was  va- 
ried Mr  M'Kinney,  by  moving  to  amend  the  said  thirty-first  section,  by 
by  providing,  that  slaves,  between  the  ages  of  twelve  and  fifty  years, 
should  be  taxed: 

Which  motion  prevailed. 

Mr  JOHN  A.  M'KINNEY  moved  further  to  amend  said  section,  by 
adding  thereto, 

"But  the  Legislature  shall  have  power  to  tax  merchants  and  peddlers, 
and  other  privileges  in  such  manner  as  they  may,  from  time  to  time, 
direct." 

In  lieu  of  which,  Mr  STEPHENSON  proposed  the  following: 

"Provided  the  General  Assembly  shall  have  power  to  impose  taxes 
at  discretion,  for  license  to  hawk  and  peddle,  upon  merchants'  license 
and  upon  license  to  exhibit  shows,  and  for  the  suppression  of  all  gam- 
bling establishments." 

Whereupon  the  question  was  had,  upon  Mr  Stephenson's  proposi- 
tion, and  determined  in  the  negative. 

Mr  MABRY  moved  to  amend  Mr  M'Kinney's  proposition,  by  the  fol- 
lowing; to  wit: 

"All  slaves  under  the  age  of  fifty  years  shall  be  valued  and  taxed 
according  to  their  value." 

Which  motion  was  declared  out  of  order  by  the  chair. 

The  question  then  recurred  upon  the  adoption  of  Mr  John  A.  M'Kin- 
ney's proposition,  and  being  had,  was  determined  in  the  affirmative; 
ayes  40,  noes  11. 

The  ayes  and  noes  being  demanded  by  Mr  ALLEN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Burton,  Cannon, 
Childrcss,  Cobbs,  Cheatham,  Douglass,  Garrclt,  Gillespy,  Gray, Gordon, 
Hodges,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,  Ledbetter,  Mc- 
Clellan,  John  A.  McKinney,  Mabry,  McGaughey,  Neil,  Purely,  Road- 
man, Richardson,  Ridley,  Robertson,  Stephcnson,  Senter, Smith, Smartt, 
Ury,  White,  Whitson,  Walton,  Webster  and  Weakley;40. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Blount,  Cross,  Fulton,  Fogg,  Humphreys, 
Loving,  Robert  J.  McKinney,  Mnrr  and  Soott;  11. 

Mr.  FULTON  proposed  the  following  amendment,  in  lieu  of  all  that 
part  of  the  said  thirty-first  section,  which  precedes  the  word  "and"  in 
the  sixth  line  thereof;  to-wit: 

"All  lands  liable  to  taxation  in  this  State,  held  by  deed,  grant,  or  en- 


£69 

try,  and  town  lots,  shall  be  taxed  as  near  as  may  be  according  to  their 
value;  that  value  to  be  ascertained  in  such  manner  as  shall  be  prescri- 
bed by  law:  that,  when  any  species  of  personal  property  shall  be  tax- 
ed, the  same  shall  be  taxed  according  to  its  value,  and  taxes  shall  be 
equal  and  uniform  throughout  the  State;  and,  in  no  instance,  shall  tax- 
es, imposed  upon  personal  property  be  greater,  in  proportion  to  its  val- 
ue, than  the  amount  of  taxes  at  the  same  time  levied  upon  land." 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
ative; ayes  17,  noes  35. 

The  ares  and  noes  being  demanded  by  Mr.  FULTON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Cobbs,  Cheatham,  Cross, 
Fulton,  Fogg,  Gordon,  Humphreys,  Hess,  Ledbetter,  Loving,  Robert- 
son, Ury  and  Webster ;  17. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  Douglass,  Garrett,  Gillespy,  Gray,  Hodges,  Huntsman,  Kelly, 
Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John  A.  Mc- 
Kinney,  Mabry,  McGaughey,  Marr,  Neil,  Purdy,  Roadman,  Rich- 
ardson, Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Whit- 
son,  Walton,  White  and  Weakley;  35. 

Mr.  BLOUNT  proposed  to  add  the  following  proviso  to  the  said  thirty- 
first  section;  to  wit : 

"Provided^  nevertheless,  that  no  appropriation  of  public  money,  nor 
any  tax  law,  shall  ever  be  passed,  when  less  than  two-thirds  of  the 
members  elected  to  either  branch  of  the  Legislature  be  present,  and 
voting  by  yeas  and  nays,  to  be  spread  on  the  journals  of  each  House  : 
and  provided,  farther,  that,  in  the  operation  of  the  ad  valorem  tax,  im- 
provements on  farms  shall  not  be  taxed ;  and  as  to  improvements  on 
town  lots,  it  shall  be  lawful  to  tax  them  according  to  valuation,  if  the 
people  within  the  corporation  apply  to  the  Legislature,  to  pass  a  law 
to  authorize  the  corporation  to  do  so  :  and  provided,  also,  that  the  tax 
on  black  polls  shall  not  be  more  than  double  thft  tax  on  white  polls  : 
and,  that,  in  each  county,  there  shall  be  appointed,  by  the  county 
court,  a  board  of  three  members,  to  be  called  a  board  of  supervisors, 
whose  duty  it  shall  be  to  correct  all  unequal  and  unjust  assessments 
made  by  assessors,  in  any  case  or  instance  of  appeal  made  to  said  board; 
and  that  they  shall  keep  a  record  of  such  corrections,  in  a  well  bound 
book,  for  public  inspection  ;  which  board  of  supervisors  shall  also  act 
for  the  correction  of  like  errors  in  the  assessment  of  county  and  cor- 
poration taxes;  and  that  the  members  thereof  shall  be  responsible  for 
any  neglect  or  abuse  of  trust  confided  to  them  ;  and  that  they  shall  act 
on  oath,  for  faithful  performance." 

The  question  being  had  on  receiving  said  amendment,  the  same  was 
rejected. 

Mr.  CHILDRESS  moved  to  add  the  words  "shall  be  taxed"  after  the 
words  "fifty  years", 

And  the  question  being  had  thereon,  said  motion  was  rejected. 


270 

Mr.  LOVING  moved  to  amend  said  section  in  the  seventh  line,  so  as 
to  make  it  read  ua  tax  on  white  polls  ":  which  was  accepted. 

Mr.  ARMSTRONG  moved  to  strike  out  of  said  section  the  words  "and 
a  tax  on  white  polls  shall  be  laid,  in  such  manner  and  of  such  amount, 
as  the  Legislature  may  from  time  to  time  direct:" 

Thereupon  the  question  was  had,  and  it  was  determined  in  the  neg- 
ative; ayes  5,  noes  47. 

The  ayes  and  noes  being  demanded  by  Mr.  ARMSTRONG, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cobbs,  Cross,  Mabry  and  Smith  ;  5. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alien,  Alexander,  Bradshaw,  Burton, 
Blount,  Cannon,  Childress,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett, 
Gillespy,  Gray,  Gordon,  Hodges,  Huntsman,  Humphreys,  Hess,  Kelly, 
Kendall,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  Mc- 
Kinney,  John  A.  McKinney,  McGaughey,  Marr,  .Neil,  Purely,  Road- 
man, Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smartt 
Sharp,  Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  47 

Mr.  STEPHENSON  moved  to  strike  out  the  word  "shall"  from  the  sev 
cnth  line,  for  thepurpose  of  inserting  the  word  "may";  which  motion  wa 
rejected. 

Mr.  GORDON  moved  to  insert  the  word  "only,"  after  the  wore 
"slaves"  in  the  first  line  of  said  section:  which  motion  was  also  rejected 

Mr.  HUMPHREYS  proposed  the  following  in  lieu  of  the  said  thirty 
first  section  ;  to  wit : 

"Lands  and  town  lots  liable  to  taxation  shall  be  taxed  according  to 
the  just  value  thereof;  and  slaves  shall  be  subject  to  taxation  accord- 
ing to  their  value  :  Provided,  That  the  tax  laid  on  the  value  of  land 
and  slaves  shall  be  equal ;  and  provided  further ',  that  the  tax  shall  b< 
uniform  throughout  the  State." 

In  lieu  of  which  Mr.  SHARP  offered  the  following  ;  to  wit  : 

"All  lands  held  by  grant,  deed  or  entry,  shall  be  taxed  according  to 
quality,  and  shall  be  classed  in  four  classes,  first,  second,  third,  an< 
fourth  :  and  town  lots  shall  be  taxed  according  to  quality,  and  negroes 
shall  be  taxed  equal  to  two  hundred  acres  of  land,  and  white  polls  m 
higher  than  one  hundred  acres  of  land." 

And  thereupon  the  question  was  had,  "will  the  Convention  receive 
said  amendment  ?"  and  determined  in  the  negative  ;  ayes  8,  noes  44 

The  ayes  and  noes  being  demanded  by  Mr.  SHARP, 

The  affirmative  voters  are, 

Messrs.  Allen,  Blount,  Cobbs,  Cheatham,  Fulton,  Fogg,  Sharp,  am 
Weakley;  8. 

The  negative  voters  are, 

Messrs. President  ( Carter),  Armstrong,  Alexander,  Bradshaw,  Bur- 
ton, Cannon,  Childress,  Cross,  Douglass,  Garrett.  Giliespy,  Gray,  Gor- 
don, Hodges,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kim- 
brough, Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Marr,  Neil,  Purdy,  Roadman 


271 

Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith,  Smartt, 
Scott,  Ury,  Whitson,  Walton,  White  and  Webster  ;  44. 

The  question  then  recurred  upon  the  adoption  of  Mr.  HUMPHREYS' 
proposition;  and  it  being  had  thereon,  was  determined  in  the  negative; 
ayes  13,  noes  38. 

The  ayes  and  noes  being  demanded  by  Mr.  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  Alien,  Armstrong,  Alexander,  Cobbs,  Cheatham,  Cross, 
Fogg,  Humphreys,  Loving,  Marr,  Smith,  Ury  and  White  ;  13. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Blount,  Cannon,  Childress, 
Douglass,  Fulton,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hunts- 
man, Hess,  Kelly,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  Robert 
J.  MeKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Neil,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Seriter,  Smartt, 
Sharp,  Scott,  Whitson,  Walton,  Webster  and  Weakley  ;  38. 

Mr.  SCOTT  moved  to  insert  in  the  sixth  line,  after  the  word  "value" 
the  words  "made  taxable";  which  motion  was  rejected. 

Mr.  WHITE  moved  to  insert  in  the  first  line,  after  the  word  "lands" 
the  words  "liable  to  taxation";  which  was  accepted. 

The  question  was  then  had  on  the  adoption  of  said  thirty-first  sec- 
tion, as  amended,  and  determinened  in  the  affirmative;  ayes  34,  noes 
18. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Cannon,  Douglass,  Garrett, 
Gillespy,  Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kelly,  Kendall, 
Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey, Marr. Neil,  Purdy,  Roadman,  Richardson, 
Ridley,  Robertson,  Stephenson,  Senter,  Smartt,  Scott,  Whitson,  Wal- 
ton and  Webster;  3-1. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Blount,  Childress, 
Cobbs,  Cho.atham,  Cross.  Fulton,  Fogg,  Humphreys,  Mabry,  Smith, 
Sharp,  Ury,  White  and  Weakley;  18. 

The  thirty-second  section  being  read, 

Mr  KIMBROUGH  moved  to  insert  utown"  before  the  word  "corpora- 
tions", in  the  second  line  of  said  section;  which  motion  prevailed:  and 
thereupon  said  section,  as  amended,  was  adopted. 

The  thirty-third  section  was  read  and  adopted. 

The  thirty-fourth  section  being  read, 

Mr.  WALTON  moved  to  strike  out  thereof  all  after  the  word  "own- 
ers" in  the  second  line;  which  motion  was  lost. 

Thereupon  Mr.  ARMSTRONG  moved  to  strike  out  the  whole  thirty- 
fourth  section;  and  the  question  being  had  thereon,  it  was  determined, 
in  the  negative  ;  ayes  24,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr.  ARMSTRONG, 

The  affirmative  voters  are, 


272 

Messrs.  President  (Carter),   Armstrong,  Bradshaw,  Cross,  Gillespy, 
Gray,  Hill, Kelly,  Kimbrough,  McClellai),  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughej^,  Neil,  Roadman,  Richardson,  Ste- 
phenson, Senter,  Smartt,  Sharp,  Scott,  Ury  and  Webster;  24. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Cannon,  Child ress,  Cheatham, 
Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Huntsman,  Hum- 
phreys, Hess,  Kendall,  Loving,  Purdy,  Ridley,  Robertson,  Smith,  Whit- 
son,  Walton,  White  and  Weakley;  25. 

Mr.  MABRY  moved  to  amend  said  section,  by  adding  the  following 
thereto;  to  wit : 

"And  provided  the  said  slave  or  slaves  shall  be  removed  out  of  the 
State  of  Tennessee." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  22,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Cannon,  Douglass,  Garrett,  Hodges, Hill,  Humphreys,  Loving,  McClei- 
lan,  Mabry,  Marr,  Roadman,  Ridley,  Senter,  Smartt,  Sharp,  Whitson 
and  Weakley;  22. 

The  negative  voters  are, 

Messrs.  Armstrong,  Blount,  Childres?,  Cheatham,  Cross,  Fulton,  Fogg, 
Gillespy,  Gray,  Gordon,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough, 
Robert  J.  McKinney,  McGaughey,  Neil,  Purdy,  Richardson,  Robertson, 
Stephenson,  Smith, 'Scott,  Ury,  Walton,  White  and  Webster;  28. 

Mr  WEAKLEY  moved  to  strike  out  all  of  said  section,  after  the  word 
"slaves";  and  thereupon  the  question  was  had  and  determined  in  the 
negative;  ayes  12,  noes  40. 

Tiie  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Blount,  Cannon,  Childress,  Cross,  Douglass,  Lov- 
ing, Mabry,  Marr,  Smith,  Webster  and  Weakley;  12. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Cobbs,  Cheatham,  Fulton,  Fogg,  Garrett,  GilTespy,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  McGaughey, 
Neil,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson, 
Senter,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walton  and  White;  40. 

Mr  WEBSTER  proposed  to  amend  said  section,  by  adding  the  follow- 
ing thereto;  to  wit: 

"Provider/,  that  no  tax  shall  ever  be  imposed  on  the  property  or  polls 
in  this  State  for  the  purpose  of  paying  for  emancipated  slaves,  nor  shall 
any  appropriation  ever  be  made  lor  that  purpose,  by  which  to  draw 
money  from  the  public  treasury/' 

Ar.d  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  20,  noes  31. 


273 


The  ayes  and  noes  being  demanded  by  Mr  WEBSTER, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Cannon,  Childress,  Cheatham, 
Cross,  Douglass,  Huntsman,  Kelly,  Mabry,  Marr,  Purdy,  Ptichardson, 
Ridley,  Smith,  Smartt,  Sharp,  Webster  and  Weakley;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cobbs,  Ful- 
ton, Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Humphreys,  Hess, 
Kendall,  Kimbrough,  Loving,  McClellan,  Robert  J.  McKiuney,  John 
A.  McKinney,  McGaughey,  Neil,  Roadman,  Robertson,  Stcphenson, 
Scntcr,  Scott,  Ury,  Whitson,  Walton  and  White;  31. 

Mr  RIDLEY  moved  a  reconsideration  of  the  vote  on  striking  out  the 
latter  clause  in  said  section;  which  was  ordered. 

Mr  HUNTSMAN  moved  to  strike  out  all  of  said  section,  after  the  word 
"owners"  in  the  second  line;  and  thereupon  the  question  was  had,  and 
determined  in  the  affirmative;  ayes  28,  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Blount,  Childress,  Cobbs,  Cheatham.  Douglass, 
Gray,  Gordon,  Huntsman,  Hess,  Kelly,  Kendall,  Loving,  Mabry,  Me- 
Gaughey,  Marr,  Purdy,  Richardson,  Ridley,  Robertson.  Smith,  Smarfct, 
Sharp,  Ury,  Walton,  White,  Webster  and  Weakley;  28. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cannon, 
Cross.  Fulton,  Fogg,  Garrett,  Gillespy,  Hodges,  Humphreys,  Kimbrough, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Neil,  Roadman, 
Stephcnson,  Sentcr,  Scott  and  Whitson;  22. 

Mr  BRADSHAW  proposed  the  following  amendment  to  said  section; 
to  wit: 

"Provided,  also,  that  horses,  cows,  and  all  other  personal  property, 
shall  be  secured  to  their  respective  owners  in  a  similar  manner," 

Which  proposition  was  rejected. 

The  question  was  then  had,  "will  the  Convention  adopt  said  thirty- 
fourth  section,  as  amended?"  and  determined  in  the  afiinnativc;  ayes  29, 
noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Blount,  Cannon,  Childress,  Cobbs,  Cheat- 
ham,  Douglass,  Fulton,  Fogg,  Gordon,  Hodges,  Huntsman,  Humphreys, 
Hess,  Kendall,  Led  better,  Loving,  Mabry,  Marr,  Purdy,  Ridley,  Robert- 
son, Smith,  Sharp,  Walton,  White,  Webster  and  Weakley;  29. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Cross,  Garrett, 
Gillespy,  Gray,  Kelly,  Kimbrough,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  McGaughey,  Neil,  Roadman,  Richardson,  Ste- 
phenson,  Senter,  Smartt,  Scott,  Ury  and  Whitson;  22. 

The  thirty-fifth  scclion  being  read, 

Mr  GARRETT  moved  to  strike  out  the  word  "take"  from  the  third  line 
thereof,  and  insert  the  word  "create":  which  motion  prevailed. 


274 

Thereupon  Mr  ARMSTRONG  proposed  the  following  in  lieu  of  the  three 
first  lines  of  said  section;  to  wit: 

"No  Bank  shall  be  chartered  in  this  State,  without  making  the  indi- 
vidual property  of  each  Stockholder  to  the  amount  of  his  slock,  liable 
for  the  redemption  of  notes  issued  by  such  Bank;  and  no  Legislature 
shall  charter  more  than  one  Bank  at  any  one  session,  and  that  only  at 
a  regular  session;  and  no  Bank  charter  shall  ever  be  renewed  in  this 
State." 

To  which  proposed  amendment,  Mr  FOGG  offered  the  following  as  an 
amendment;  to  wit: 

"Except  with  the  assent  of  two-thirds  of  the  members  elected  to 
each  branch  of  the  Legislature." 

Which  amendment  was  accepted. 

Mr  DOUGLASS  proposed  to  amend  the  proposition  of  Mr  Armstrong, 
by  adding  the  following;  to  wit: 

"And  provided  further^  That  no  Bank  charter  shall  be  granted  with 
permission  to  issue  in  bills  or  create  a  liability  upon  said  corporation  in 
any  vvav  to  a  greater  amount  than  twice  the  stock  in  gold  and  silver  in. 
Bank."' 

But  before  any  action  was  had  thereon, 

The  Convention  adjourned. 

WEDNESDAY,  August  13,  1834. 

The  Convention  met  according  to  adjournment  and  was  opened  with 
prayer,  by  the  Reverend  Mr  GWINN,  of  the  Methodist  Episcopal  Church. 

The  morning's  business  being  through,  the  Convention  resumed  the 
consideration  of  the  proposition  of  Mr  DOUGLASS  to  amend  the  amend- 
ment of  Mr  Armstrong,  submitted  on  yesterday,  in  lieu  of  the  thirty- 
fifth  section  of  the  second  article  of  the  amended  Constitution;  and  af- 
ter some  discussion  had  thereon,  the  arrival  of  the  PRESIDENT  OP  TUB 
UNITED  STATES  in  the  city  was  announced. 

Whereupon  Mr  BURTON  moved  a  recess  until  eleven  o'clock;  which 
motion  prevailed. 

At  half  past  eleven  o'clock,  the  PRESIDENT  OF  THE  UNITED 
STATES,  accompanied  by  Messrs  Blount,  Smith,  Walton,  WeakJey 
and  Gillespy  (the  Committee  appointed  for  that  purpose)  entered  the 
Hall  of  thci  Convention: 

Whereupon  Mr  CARTER,  the  President  of  the  Convention,  addressed 
him  in  the  following  terms  ;  to  wit: 

The  Assembly  before  which  you  stand,  representing  the  People  of 
the  State  of  Tennessee  in  their  highest  political  attitude,  rise,  Sir,  to 
receive  you  within  the  hall  of  their  sitting,  and  in  behalf  of  themselves 
and  their  constituents,  to  express  their  undiminishcd  confidence  in  your 
patriotism,  and  their  profound  respect  for  your  public  and  private  char- 
acter. 

It  has  been  your  lot,  Sir,  first  at  the  head  of  an  army,  and  subse- 
quently as  Chief  Magistrate  of  the  Nation,  to  be  engaged  in  service, 


275 


more  arduous  and  critical,  than  has  fallen  to  the  duty  of  any  citizen, 
save  one,  since  the  auspicious  act  of  Confederation  and  Independence. 
Alike  vigorous,  decisive,  honest  and  patriotic,  in  the  Cabinet  as  in  the 
Camp,  it  is  your  good  fortune  to  have  achieved  a  name  commensurate 
with  the  existence  of  the  Republic,  and  dear  to  a  hrge  majority  of  its 
citizens.  That  you  may  Jong  live  in  the  enjoyment  of  this  enviable  dis- 
tinction, participating  in  the  blessings  of  the  Government  which  you 
fought  for  in  youth  and  so  nobly  sustained  in  a  late  hour  of  peril,  is,  Sir, 
the  ardent  hope  of  this  Assembly,  and  of  the  multitude  who  crowd  a- 
round  you. 

In  reviewing  the  many  and  important  events,  which  have  given  re- 
nown to  your  career,  we  will  not  so  offend  against  your  own  convictions 
of  the  fallibility  of  all  human  wisdom  as  to  say,  that  you  have  not  pos- 
sibly erred  in  administering  the  many  high  and  solemn  functions,  that 
have  been  submitted  to  your  care  by  a  confiding  Country;  that  you  have 
not  done  so  (if  at  all)  from  improper  or  impure  motives,  is  a  declaration 
due  to  the  acknowledged  patriotism,  that  guides  and  directs  your  course 
in  life.  And  though  the  bitterness  of  party  may  endeavor  to  detract 
from  your  merits  and  impeach  your  motives,  the  deliberate  judgment  of 
another  generation,  uninfluenced  by  the  feelings  of  those  who  differ  from 
and  condemn  you,  will  enrol  your  name  with  the  long  list  of  patriots, 
consecrated  to  fame  and  to  the  veneration  of  posterity. 

In  the  mixed  multitude  before  you  and  around,  you  can  readily  dis- 
tinguish the  companions  and  associates  of  your  early  life — men  who  have 
stood  forth  at  your  side,  in  the  past  hours  of  your  perils  and  your  tri- 
umphs, and  their  children  who  have  grown  up  into  life  beneath  your 
own  eyes  and  observation — with  one  heart  they  now  meet  you,  and  ten- 
der the  homage  of  affection,  confidence  and  regard. 

To  which  the  President  of  the  United  States  made  the  following  reply: 

SIR:— 

I  receive  the  greeting  which  you  have  been  pleased  to  tender  me  on 
this  occasion,  with  feelings  too  strongly  excited,  by  the  imposing  char- 
acter of  the  body  in  whose  behalf  it  is  offered  and  by  the  various  asso- 
ciations which  it  recalls  to  my  mind,  to  enable  me,  I  fear,  to  make  an 
adequate  acknowledgment. 

I  meet  you,  Sir,  and  the  august  body  over  which  you  preside,  as  the 
representatives  of  the  people  whose  partiality  and  confidence,  far  ex- 
ceeding my  claims,  first  brought  me  into  public  notice,  and  who  have, 
since,  in  every  visissitude  of  fortune,  uniformly  sustained  me  with  an 
ardor  of  friendship  and  generosity  of  fellow  feeling  that  never  can  be 
requited.  To  you  and  to  them  let  me  say,  that  in  no  situation  in  which 
I  have  ever  been  placed,  have  I  lost  sight  of  the  responsibility  which 
was  due  to  them.  I  have  ever  been  mindful  that  it  was  on  the  faith  of 
their  character  that  mine  rested,  in  a  great  degree,  to  do  whatever  good 
or  evil  was  to  be  the  result  of  my  labors  in  the  service  of  our  common 
country.  When  assured  then,  by  you,  that  these  labors,  notwithstand- 
ing the  defect  of  judgment  which  they  doubtless  too  often  manifest,  are 
yet  worthy  of  the  public  approbation,  I  feel  that  I  have  been  fortu- 


276 

nate,  and  that  the  reward  as  well  as  the  stewardship  which  was  too  gen- 
erously conferred,  is  disproportionate  to  my  merit. 

Allow  me,  Gentlemen,  to  express  the  hope,  that  your  acts  in  the  Con- 
vention, may  be  crowned  with  success,  and  that,  in  all  time  to  come, 
the  free  people  of  Tennessee,  whilst  enjoying  the  prosperity  and  hap- 
piness which  are  the  reward  of  wise  and  equal  laws  and  a  steady  and 
virtuous  administration  of  them,  may  remember  each  and  all  of  you  as 
their  benefactors. 

The  Convention  then,  on  motion  of  Mr  MCCLELLAN,  adjourned. 

THURSDAY,  August  14,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer  by  the  Rev.  Mr  SENTER,  of  the  Methodist  Episcopal  Church. 

Mr  WEBSTER  presented  memorials  from  three  hundred  and  twenty- 
one  citizens  of  Bedford  county,  in  support  of  the  special  provisions,  re- 
ported by  the  select  committee  on  new  counties,  and  in  support  of  the 
course  pursued  by  the  Delegates  from  said  county  on  that  subject: 

Said  memorials  were  on  motion  of  Mr  Webster,  ordered  to  the  table. 

The  Convention  then  resumed  the  consideration  of  the  thirty-fifth 
section  of  the  second  article,  and  the  several  amendments  proposed  in 
lieu. 

Mr  WEAKLEY  moved  to  lay  the  several  amendments  on  the  table : 
which  motion  prevailing, 

Mr  WEAKLEY  moved  to  strike  out  the  whole  of  said  thirty-fifth  sec- 
tion; and  the  question  thereon  being  had,  it  was  determinad  in  the  af- 
firmative; ayes  29,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  SENTER, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Childress,  Cross,  Fulton,  Fogg,  Gillespy, 
Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Led- 
better,  Loving,  Purdy,  Richardson,  Ridley,  Smartt,  Sharp,  Scott,  Ury, 
Whitson,  Walton,  White,  Webster  and  Weakley;  29. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Burton,  Blount, 
Cannon,  Cobbs,  Cheatham,  Douglass,  Garrett,  Hodges,  Kincaid,  Kim- 
brough,  McClellan,  Robert  J.  McKinney,  John  A.  McKlnney,  Mabry, 
McGaughey,  Marr,  Neil,  Roadman,  Robertson,  Stephenson,  Senter  and 
Smith;  25. 

Mr  ALLEN  thereupon  submitted  the  following,  as  substitute  for  the 
said  thirty-fifth  section;  to  wit: 

"No  bank  shall  ever  be  chartered,  that  does  not  subject  the  individ- 
ual property  of  the  stockholders,  in  proportion  to  their  stock,  to  the  pay- 
ment of  all  notes,  debts  and  liabilities  created  by  the  bank  in  its  corpo- 
rate capacity,  when  its  effects  are  found  insufficient  to  discharge  the 
same." 

Mr  JOAN  A.  McKmNEY  moved  to  amend  the  foregoing,  by  inserting, 
after  the  words  "in  proportion",  the  words  "and  to  the  amount";  which 
motion  was  rejected* 


277 

Mr  BLOUNT  moved  to  amend,  by  adding  thereto  the  following;  to  wit: 

"Nor  shall  any  bank  hereafter  chartered  be  re-chartered  until  it  shall 
have  fully  and  notoriously  wound  up  it  affairs,  and  settled  all  debts  ar 
gainst  it." 

Which  was  also  rejected. 

The  question  then  recurring  upon  the  adoption  of  Mr  Allen's  proposi- 
tion ;  and  being  thereupon  had,  was  determined  in  the  negative;  ayes  25, 
noes  28. 

The  ayes  and  noes  being  demanded  by  Mr  ALLEX, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Allen,  Armstrong, Bradshaw,  Blount,  Can- 
non. Chratham,  Douglass,  Garrett,  Hodges,  Hill,  Kinc.'iid,  Kimbrough, 
McClellan,  John  A.  McKinney,  Mabry,  McGaughey,  Marr,  Neil,  Rich- 
ardson, Ptobertson,  Stephenson,  Scnter,  Smith  and  Smartt;25. 

The  negative  voters  are, 

Messrs  Alexander,  Childress,  Cobbs,  Cross,  Fulton,  Fogg,  Gillespy, 
Gray,  Gordon,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Ledbet- 
ter,  Loving,  Robert  J.  McKinney,  Purdy,  Roadman,  Ridley,  Sharp, 
Scott,  Ury,  Whiteon,  Walton,  White,  Webster  and  Weakley;  28. 

Mr  GORDON  moved  a  reconsideration  of  the  vote  on  striking  out  the 
thirty-fifth  section:  which  the  Convention  refused  to  grant. 

Mr  KINCAID  proposed  the  following  to  constitute  an  additional  section 
to  said  second  article;  to  wit: 

"No  bank  charter  shall  ever  be  granted  by  the  Legislature,  which 
shall  not  make  the  stockholders  thereof  liable  in  their  individual  proper- 
ty, to  the  extent  that  the  stockholders  in  the  Union  Bank  of  Tennessee 
arc  liable  in  their  individual  property,  for  the  redemption  of  the  notes 
and. other  liabilities  of  said  bank." 

And  thereupon  the  question  was  had,  and  determined  in  the  affirma- 
tive ;  ayes  29,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Blount,  Cannon,  Childress,  Doug- 
lass, Garrett,  Gordon,  Hodges,  Hill,  Huntsman,  Kelly,  Kincaid,  Ken- 
dall, Kimbrough,  McClellan,  Robert  J.  McKinney,  John  A.  McKin- 
ney, McGaughey,  Marr,  Neil,  Roadman,  Richardson,  Ridley,  Stephen- 
son,  Smith,  Smartt  and  Webster;  29. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Cobbs,  Cheatham, 
Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Humphreys,  Hess,  Ledbctter,  Lov- 
ing, Mabry,  Purdy,  Robertson,  Sentcr,  Sharp,  Scott,  Ury,  Whitson,  Wal- 
ton, White  and  Weakley;  25. 

And  so  the  amendment  was  adopted. 

Mr  ALLEN  thereupon  moved  a  reconsideration  of  the  vote  adopting 
the  foregoing  proposition;  and  the  question  "will  the  Convention  recon- 
sider" being  had  thereon,  it  was  determined  in  the  affirmative;  ayes  37, 
noes  17. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 


278 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Burton, 
Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gillespy, 
Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kimbrough,  Led- 
better,  Loving,  McGaughey,  Marr,  Purdy,  Roadman,  Robertson,  Ste- 
phenson,  Senter,  Smith,  Sharp.  Scott,  Ury,  Whitson,  Walton,  White 
and  Weakley;  37. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Blount,  Douglass,  Garrett,  Hodges,  Kelly,  Kincaid, 
Kendall,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
Neil,  Richardson,  Ridley,  Smartt  and  Webster;  17. 

Mr  HUMPHREYS  moved  to  take  up  the  amendments  submitted  by 
Messrs  Armstrong  and  Douglass:  which  motion  prevailing,  the  said  a- 
mendments  were  accordingly  taken  up  and  severally  read. 

Whereupon  Mr  HUMPHREYS  moved,  that  they,  together  with  Mr  Kin- 
caid's  proposition,  be  laid  on  the  table  until  the  first  day  of  January 
next:  and  thereupon  the  question  was  had.  and  determined  in  the  affirm- 
ative; ayes  31,  noes  23. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Childress,  Cobbs,  Cross,  Fulton, 
Fog£,  Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kel- 
ly, Kendall,  Led  better,  Loving,  Purdy,  Ridley,  Robertson,  Smartt, 
Sharp,  Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley; 
31. 

The  negative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Cannon, 
Cheatham,  Douglass,  Garrett,  Hodges,  Kincaid,  Kimbrough,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Marr, 
Neil,  Roadman,  Richardson,  Stephenson,  Senter  and  Smith;  23. 

Mr  JOHN  A.  McKiNNEY  thereupon  submitted  the  following,  as  an  ad- 
d'.tional  section  to  said  second  article;  to  wit: 

"The  private  or  local  laws  passed  by  the  Legislature,  shall  not  be  print- 
ed at  the  public  expense." 

Mr  STEPHENSON  proposed  to  amend  the  foregoing,  by  adding  thereto 
the  following;  to  wit: 

"But  the  Legislature  shall  cause  to  be  published,  a  synopsis  of  such 
private  or  local  laws  and  resolutions  as  may  be  passed  at  each  session; 
with  the  public  acts." 

Which  being  accepted  by  Mr  McKinney,  the  question  was  submitted, 
"will  the  Convention  adopt  the  proposition?"  and  the  motion  was  lost;  the 
vote  being,  ayes  25,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Blount,  Cheatham,  Fulton,  Garrett,  III11, 
Huntsman,  Kelly,  Kimbrough,  Ledbetter,  McClellan,  Robert  J.  Mc- 
Kinney, John  A.  McKinney,  McGaughey,  Marr,  Neil,  Roadman,  Rid- 
ley, Robertson,  Stephenson,  Senter,  Smartt,  Walton,  Webster  and  Weak- 
ley;  25. 


279 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Cannon, 
Cobbs,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges,  Humphrey?, 
Kincaid,  Loving.  Mabry,  Purdy,  Richardson,  Smith,  Sharp,  Scott,  Ury, 
Whitson  and  White;  25. 

The  fourth  section  of  the  second  article,  with  the  several  amend- 
ments thereto  proposed,  were  taken  up,  on  motion  of  Mr  HESS,  and  a- 
gain  ordered  to  the  table:  and,  on  motion  of  JOHN  A.  McKiN.NEY,  made 
the  order  of  the  day  for  to-morrow. 

The  Convention  proceeded  to  the  consideration  of  the  third  article 
of  the  amended  Constitution;  and  thereupon  the  first,  second,  third, 
fourth,  fifth  and  sixth  sections  were  severally  read  and  adopted. 

The  seventh  section  being  read, 

Mr  SMITH  proposed  the  following  amendment  thereto;  to  wit: 

"The  compensation  of  the  Governor  shall  not  exceed  the  sum  of  one 
thousand  five  hundred  dollars  per  annum,  until  the  year  one  thousand, 
eight  hundred  and  forty-two." 

And  the  sense  of  the  Convention  being  thereon  had,  the  said  amend- 
ment was  rejected. 

Whereupon  the  said  seventh  section,  together  with  the  eighth,  ninth  , 
tenth,  eleventh,  twelfth,  thirteenth,  fourteenth,  fifteenth  and  sixteenth 
sections  were  severally  read  and  adopted. 

The  seventeenth  section  of  the  same  article  being  read, 

Mr  M.VBRY  moved  to  amend,  by  adding  thereto,  after  the  word  "ap- 
pointed," the  words  "by  the  Governor." 

In  lieu  of  which,  Mr  HUMPHREYS  moved  to  insert  the  following:  "by 
the  qualified  voters,  and  commissioned  by  the  Governor." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  19,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  HODGES, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Cross,  Gillespy, 
Hodges,  Hill,  Humphreys,  Kimbrough,  Led  better,  Mabry,  Neil,  Purdy, 
Ridley,  Smith,  Sharp,  Scott  and  Webster;  19. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Blount,  Cannon,  Childress,  Cheatham, 
Douglass,  Fulton,  Fogg,  Garrctt,  Gray,  Gordon,  Huntsman,  Hess,  Kelly, 
Kincaid,  Kendall,  Loving,  McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  McGaughey,  Roadman,  Richardson,  Robertson, Stephenson, 
Scnter,Ury,  Whitson,  Walton,  White  and  Weakley;  31. 

And  so  said  amendment  was  rejected. 

Whereupon  Mr  RORERTSON  proposed  inserting  the  words  "by  joint 
vole  of  the  General  Assembly,"  in  lieu  of  the  proposition  of  Mr  Mabry: 
and  the  sense  of  the  Convention  being  thereupon  had,  the  said  proposi- 
tion was  received. 

The  said  seventeenth  section  was  thereupon  read,  as  amended,  and 
adopted. 

The  first  section  of  the  fourth  article  being  read, 


280 

Mr  WEBSTER  proposed  to  insert  the  words  "or  may  be",  in  the  sixth 
line,  after  the  word  "now." 

And  the  question  being  thereupon  had,  the  said  proposition  was  re- 
jected, 

Mr  FOGG  proposed  to  strike  out  the  words  "an  inhabitant"  from  the 
second  line  of  said  section,  and  to  insert  the  words  "a  citizen";  and 
the  sense  of  the  Convention  being  had  thereon,  said  motion  prevailed. 

Mr  RIDLEY  moved  to  strike  out,  from  the  ninth  line  of  said  section,  the 
following  words;  to  wit:  "and  that  they  also  be  exempt  from  paying  a 
free  poll  tax";  which  was  rejected. 

The  said  first  section,  as  amended,  was  adopted. 

The  second  section  was  read  and  adopted. 

The  third  section  being  read, 

Mr  HODGES  moved  to  strike  out  the  latter  clause  thereof,  and  to  insert 
the  words  "all  elections  shall  be  viva  roce." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  20,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  HODGES, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Fulton,  Garrett,  Gillespy,  Hodges,  Hill,  Hum- 
phreys, Kincaid,  Kimbrough,  Ledbetter,  McClellan,  John  A.  McKin- 
ney,  Mabry,  Roadman,  Richardson,  Ridley,  Senter,  Smartt,  Sharp  and 
Webster;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Btount,  Cannon,  Childress,  Cheatham,  Cross,  Douglass,  Fogg,  Gray, 
Gordon,  Huntsman,  Hess,  Kelly,  Kendall,  Loving,  Robert  J.  McKin- 
ney,  McGaughey,  Marr,  Neil,  Purdy,  Robertson,  Stephenson,  Smith, 
Scott,  Ury,  Whitson,  Walton,  White  and  Weakley ;  33. 

Whereupon  Mr  MCCLELLAN  proposed  the  following  amendment  there- 
to; to  wit: 

"All  other  elections  shall  be  by  ballot  until  the  year  183  ;  in  which 
year  the  method  of  voting,  by  viva  voce  or  by  ballot,  shall  be  finally  es- 
tablished by  the  General  Assembly." 

And  the  sense  of  the  Convention  being  thereupon  had,  the  said  propo- 
sition was  rejected. 

The  third  section  was  thereupon  adopted. 

The  first  section  of  the  fifth  article  was  read  and  adopted. 

The  second  section  of  the  fifth  article  being  read, 

Mr  HUNTSMAN  proposed  the  following  amendment  thereto;  to  wit: 

"To  constitute  a  court  for  the  trial  of  impeachments,  the  Senate  shall 
elect  from  their  own  body  one-third  of  the  whole  number  elected;  but, 
in  selecting  said  number,  it  shall  require  the  concurrence  of  two-thirds 
of  said  Senators." 

And  thereupon  the  question  was  had,  and  said  proposition  was  re- 
jected. 

The  said  second  section  was  then  adopted. 

The  third  section  was  read  and  adopted. 


281 

The  fourth  section  being  read, 

Mr  WEBSTER  moved  to  strike  out  thereof  the  words  "circuit  court'', 
and  insert  the  words  "inferior  courts";  which  motion  prevailed. 

The  said  fourth  section  was  then  read,  as  amended,  and  adopted. 

The  fifth  section  WMS  read  and  adopted. 

The  first  section  of  the  sixth  article  being  read, 

Mr  ALEXANDER  moved  to  insert  the  word  "special"  in  the  second  line 
thereof,  between  the  words  "such"  and  "inferior";  which  motion  was 
rejected. 

Mr  HUMPHREYS  proposed  the  following  amendment  thereto  ;  to  wit: 

"The  Legislature  may  also  vest  such  jurisdiction  as  shall  be  deemed 
necessary  in  corporation  courts,  and  in  the  magistrates  who  may  belong 
to  corporate  bodies";  and  thereupon  the  question  was  had,  and  deter- 
mined in  the  negative;  ayes  26,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr  BURTON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Blount,  Cannon,  Chil- 
dress,Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gillespy,  Hodges,  Hill, 
Huntsman,  Humphreys,  Kelly,  Loving,  Purdy,  Ridley,  Robertson, 
Smartt,  Sharp,  Ury,  Walton,  Webster  and  Weakley;  26. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Burton,  Douglass,  Gray,  Gor- 
don, Hess,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  Ro- 
bert J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Marr, 
Neil,  Roadman,  Richardson,  Stephenson,  Senter,  Smith,  Scott,  Whit- 
son  and  White;  27. 

The  said  first  section  was  then  adopted. 

The  second  section  of  the  sixth  article  being  read, 

Mr  HUNTSMAN  moved  to  strike  out  the  third  line  thereof,  and  insert 
Ihe  following;  "except  such  original  jurisdiction  as  maybe  necessary  to 
carry  their  orders,  judgments  or  decrees  into  effect":  which  motion  was 
rejected. 

Mr  FULTON  then  moved  to  strike  out  of  said  section  the  words,  "one 
of  whom  shall  reside  in  each  of  the  grand  divisions  of  the  State";  and 
thereupon  the  question  was  had  and  determined  in  the  negative;  ayes 
14,  noes  38. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Burton,  Childress,  Cheatham,  Douglass,  Fulton,  Fogg,  Gor- 
don, Kincaid,  Ledbetter,  Robertson,  Sharp,  Ury,  White  and  Weak- 
ley;  14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
ghaw,  Blount,  Cannon,  Cross,  Garrett,  Giliespy,  Gray,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Loving, 
McClelhn,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGau- 
ghey,  Marr,  Neil,  Purdy,  Roadman,  Richardson,  Ridley,  Stephenson, 
Smith,  Smartt,  Scott,  Whitson,  Walton  and  Wrebster;  3S. 


282 

The  said  second  section  was  adopted. 

The  third  section  being  read, 

Mr  STEPHENSON  moved  to  strike  out  therefrom  the  words  "so  long  as 
said  courts  are  continued  by  the  Legislature";  which  motion  was  re- 
jected. 

Mr  FULTON  moved  to  strike  out  the  words  "and  re-eligible"  from  thfi 
tenth,  fourteenth  and  twenty-first  lines  of  said  section;  which  motion 
prevailed. 

Mr  STEPHENSON  moved  to  strike  out  from  the  tenth  line  of  said  sec- 
tion the  word  "twelve"  for  the  purpose  of  inserting  the  word  "ten"; 
which  motion  was  rejected. 

Mr  MCGAUGHEY  moved  to  strike  out  of  said  section  the  words  "but 
two-thirds  of  all  the  members  elected  to  each  House  must  concur  in  such 
vote";  and  to  insert  the  following,  "but  two-thirds  of  all  the  members 
present  must  concur  in  said  vote";  which  motion  was  rejected. 

Mr  ROBERTSON  moved  to  strike  out  of  said  section  the  latter  clause 
thereof,  from  the  words  "pro  tempore." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  23,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr.  ROBERTSON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong, Bradshaw,  Cannon, 
Douglass,  Gillespy,  Gray,  Hodges,  Kimbrough,  McClellan,  John  A. 
McKinney,  Mabry,  McGaughey,  Neil,  Roadman,  Richardson,  Robert- 
son, Stephenson,  Senter,  Smith,  Sharp  and  Walton;  23. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Childress,  Cheatham,  Cross, 
Fulton,  Fogg,  Garrett,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess, 
Kelly,  Kincaid,  Ledbetter,  Loving,  Marr,  Purdy,  Ridley,  Smartt, 
Scott,  Ury,  Whitson,  White,  Webster  and  Weakley  ;  28. 

The  said  third  section  was  then  adopted. 

The  fourth  section  being  read, 

Mr.  LOVING  moved  to  strike  out  the  words  "increased  or"  from  the 
second  line  ;  and  thereupon  the  question  was  had,  and  determined  in 
the  negative  ;  ayes  II,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr.  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  Burton,  Cannon,  Childress,  Fulton,  Fogg,  Garrett,  Hunts- 
man, Loving,  Robert  J.  M'Kinney,  Robertson  and  Ury;  11. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw, Blount,  Cheatham,  Cross,  Douglass,  Gillespy,  Gray,  Gordon, 
Hodges,  Hill,  Humphreys,  Hess,  Kelly,  Kincaid,  Kimbrough,  Ledbet- 
ter, McClellan,  John  A.  M'Kinney,  Mabry,  McGaughey,  Marr,  Neil, 
Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Scott,  Whitson,  Walton,  White,  Webster  and  Weak- 
ley;  41. 

The  said  fourth  section  was  then  adopted. 


283 

The  fifth  section  was  read  and  adopted. 

The  sixth  section  being  read  ; 

Mr.  GARRETT  moved  to  strike  out  the  words  "state  the  testimony 
and";  and  thereupon  the  question  was  had,  and  determined  in  the  neg- 
ative; aye  1,  noes  50. 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  affirmative  voter  is, 

Mr.  Garrett ;  1. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,-  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  Cannon,  Childress,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kincaid,  Kimbrough,  Ledbetter,  Loving,  McClellan.  Ro- 
bert J.  M'Kinney,  John  A.  McKinney,  Mabry,  McGaughey,  Marr, 
Neil,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stcphenson, 
Senter,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White, 
Webster  and  Weakley  ;  50. 

The  said  sixth  section  was  then  adopted. 

The  seventh  section  was  read  and  adopted. 

The  eighth  section  being  read, 

Mr.  HESS  moved  to  insert  in  the  second  line  thereof,  the  words  "ei- 
ther of"  after  the  word  "where";  which  motion  prevailed. 

Mr.  FOGG  proposed  to  amend  said  section  by  adding  the  following 
thereto;  to  wit  : 

"In  case  of  sickness  of  any  of  the  Judges  of  the  supreme  or  inferi- 
or courts,  so  that  they  or  any  of  them  are  unable  to  attend,  the  Le- 
gislature shall  be  authorised  to  make  provision  by  general  laws,  that 
special  Judges  may  be  appointed  to  attend  the  courts  when  such  cas- 
ualties occur." 

And  thereupon  the  question  was  had,  "will  the  Convention  accept 
said  amendment?"  and  determined  in  the  affirmative. 

Mr.  HUNTSMAN  moved  to  strike  out  from  the  ninth  line  of  said  seo- 
tion,  (he  word  "courts"  and  insert  the  words  "said  Judges  or  any  of 
them";  which  motion  prevailed. 

The  eighth  section,  as  amended,  was  read  and  adopted. 

The  ninth  section  was  read  and  adopted. 

The  tenth  section  being  read,  Mr.  STEPHENSON  moved  to  strike  out 
the  words  "and  be  re-eligible";  which  motion  prevailed. 

Mr.  WHITE  then  moved  to  insert  the  words  4Cof  duty"  after  the 
word  "neglect",  in  the  seventh  line  of  said  section  :  which  motion  pre- 
vailed. 

Mr.  MCCLELLAN  moved  to  amend  said  section,  by  striking  there- 
from the  word  "four"  and  inserting  in  its  stead  the  word  "six";  so  as  to 
provide  that  clerks  of  inferior  courts  should  be  elected  for  the  term  of 
six  years  :  and  thereunon  the  question  was  had,  and  determined  in  the 
negative;  ayes  20,  noes  3'2. 

The  ayes  and  noes  being  demanded  by  Mr.  HODGES, 

The  affirmative  voters  are, 


284 

Messrs.  Alexander,  Burton,  Cannon,  Childress,  Cheatham,  Dong- 
lass,  Fulton,  Fogg,  Garrett,  Gordon,  Huntsman,  Kelly,  Ledbetter,  Lov- 
ing, McClellan,  Stephenson,  Smartt,  Ury,  Walton  and  Weakley  ;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Blount, 
Cross,  Gillespy,  Gray,  Hodges,  Hill,  Humphreys,  Hess,  Kincaid,  Kira- 
brough,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaugh- 
ey,  Marr,  Neil,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Sen- 
ter,  Smith,  Sharp,  Scott,  Whitson,  White  and  Webster  ;  32. 

On  motion  of  Mr.  MABRY,  the  said  section  was  further  amended,  by 
inserting  the  word  "incompetency"  after  the  word  "malfeasance"  in 
the  seventh  line. 

The  said  section  was  further  amended,  on  motion  of  Mr.  JOHN  A. 
MC-KINNEY,  by  striking  from  the  second  line  thereof  the  words  "if 
any  such  court  be"  and  inserting  "if  courts  of  chancery  shall  be  estab- 
lished." 

Mr.  HODGES  moved  further  to  amend  the  said  section,  by  providing 
that  the  clerks  of  the  supreme  and  chancery  courts  shall  be  elected  for 
tjje  term  of  four  instead  of  six  years;  which  motion  was  rejected. 

The  said  tenth  section  was  thereupon  read,  as  amended,  and  adopted. 

The  eleventh  section  was  also  read  and  adopted. 

The  twelfth  section  of  said  article  being  read,  Mr.  WHITE  moved  to 
amend  by  striking  therefrom  so  much  thereof  as  provides  that  "justices 
of  the  peace  shall  receive  compensation  for  their  services:" 

And  before  the  question  was  had  thereon, 

The  Convention  adjourned. 

FRIDAY,  August  15, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr.  LOVING  submitted  the  following : 

"Resolved,  That  a  committee  of  be  appointed  to  draft  and 

prepare  a  suitable  preamble  for  the  new  Constitution." 

The  Convention  resumed  the  consideration  of  the  motion  of  Mr. 
White,  to  strike  from  the  twelfth  section  of  the  sixth  article  of  the  a- 
mended  Constitution,  so  much  thereof  as  provides  "that  Justices  of 
the  Peace  shall  receive  compensation  for  their  services." 

Mr.  ROBERTSON  moved  to  amend  the  said  twelfth  section,  by  strik- 
ing therefrom  the  words  "a  compensation  to  be  ascertained  by  law," 
and  inserting  in  lieu,  the  following  :  "such  fees  as  may  be  prescribed 
by  law." 

Mr.  MCCLELLAN  moved  a  division,  which  motion  prevailing,  the 
Chair  decided  the  proposition  of  Mr.  Robertson  to  be  out  of  order. 

The  question  was  then  had  upon  the  motion  of  Mr.  White,  and  de- 
termined in  the  affirmative  ;  ayes  35,  noes  17. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 


285 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Blount,  Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Gillespy,  Gray,  Gordon,  Huntsman,  Humphreys,  Hess,  Kendall, 
Kimbrough,  Ledbetter,  McClellan,  Mabry,  McGaughey,  Marr,  Purdy, 
Stephenson,  Smith,  Smartt,  Ury,  Walton,  White  and  Webster;  35. 

The  negative  voters  are, 

Messrs.^Alexander,  Garrett,  Hodges,  Hill,  Kelly,  Kincaid,  Loving, 
Robert  J.  McKinney,  Neil,  Roadman,  Richardson,  Ridley,  Robertson, 
Senter,  Sharp,  Whitson  and  Weakley;  17. 

Whereupon  Mr.  ROBERTSON  moved  to  insert  in  lieu  of  the  words 
stricken  out,  the  following;  to  wit : 

"Shall  receive  for  their  services  such  fees  as  shall  be  prescribed  by 
law." 

Mr.  NEIL  proposed  to  amend  the  proposition  of  Mr.  Robertson,  by 
adding  the  following ;  viz  : 

"In  the  way  of  fees  for  services  rendered." 

In  lieu  of  said  amendments,  Mr.  KINCAID  offered  the  following ;  to 
wit : 

"The  Legislature  shall  allow  the  Justices  of  the  Peace  reasonable 
fees,  for  such  services  as  shall  be  performed  by  them,  which  services 
and  fees  shall  be  designated  by  law,  and  shall  be  paid  by  the  party  or 
parties  for  whom  the  services  were  rendered." 

Whereupon  Mr  BURTON  moved  that  all  the  propositions  to  amend 
said  section,  in  relation  to  allowing  compensation  to  Justices  of  the 
Peace  for  their  services,  be  laid  on  the  table  until  the  first  day  of  Jan- 
uary next. 

And  thereupon  the  question  was  had  and  determined  in  the  affirm- 
ative ;  ayes  30,  noes  21. 

The  ayes  and  noes  being  demanded  by  Mr.  SENTER, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Burton,  Blount, 
Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gray, 
Gordon,  Huntsman,  Humphreys,  Hess,  Kendall,  Ledbetter,  McClel- 
lan, Mabry,  McGaughey,  Marr,  Purdy,  Stephenson,  Smartt,  Ury, 
Walton,  White  and  Webster;  30. 

The  negative  voters  are, 

Messrs.  Armstrong,  Alexander,  Garrett,  Gillespy,  Hodges,  Hill, 
Kelly,  Kincaid,  Kimbrough,  Loving,  Robert  J.  McKinney,  Neil,  Road- 
man, Richardson,  Ridley,  Robertson,  Senter,  Smith,  Sharp,  Whitson 
and  Weakley;  21. 

Mr.  STEPHENSON  moved  to  strike  out  from  the  sixth  line  of  said 
twelfth  section,  the  word  "six";  for  the  purpose  of  inserting  the  word 
"eight";  which  was  rejected. 

Whereupon  Mr.  KIMBROUGH  moved  to  strike  out  from  the  sixth 
line  of  said  section  the  word  "six",  for  the  purpose  of  inserting  the 
word  "four";  which  was  also  rejected. 

Mr.  ROBERTSON  proposed  to  amend  said  section  by  inserting  the  iol- 


286 

lowing  after  the  word  "mile",  in  the  third  line  thereof;  to  wit :  "and 
that  a  precinct  election  be  established  in  each  district";  which  was  al- 
so rejected. 

Mr  BURTON  offered  the  following,  in  lieu  of  said  twelfth  section ;  to 
wit: 

"There  shall  be  two  justices  of  the  peace  and  one  constable  elected 
for  each  captain's  company,  by  the  qualified  voters  therein,  except  for 
the  company  which  includes  the  county  town,  which  shall  not  exceed 
three  justices  and  two  constables.  The  justices  of  the  peace  shall  be 
elected  for  the  term  of  six,  and  the  constables  for  the  term  of  two  years; 
and  upon  the  removal  of  either  of  said  officers  from  the  bounds  of  the 
captain's  company  for  which  he  shall  have  been  elected,  his  office  shall 
become  vacant  from  the  date  of  such  removal." 

Thereupon  Mr  ALEXANDER  moved  to  lay  said  amendment  upon  the 
table;  which  motion  prevailed. 

Mr  WEAKLEY  then  offered  the  following  amendment  to  said  section; 
to  wit: 

"The  Legislature  shall  have  power  to  provide  for  an  additional  num- 
ber of  justices  of  the  peace  in  incorporated  towns." 

Mr  WEBSTER  proposed  to  amend  the  amendment  of  Mr  Weaklcy, 
by  adding  thereto  the  following;  to  wit: 

"Not  exceeding  six;  and  pr?vided,  that  in  levying  a  tax  for  county 
purposes,  no  corporation  shall  give  more  than  two  votes." 

Mr  HUNTSMAN  moved  a  division  of  the  question  on  Mr  Webster's  pro- 
position; which  the  Convention  refused  to  grant. 

And  thereupon  the  question  was  had  on  receiving  Mr  Webster's  a- 
mendment  and  determined  in  the  negative. 

The  question  recurring  on  Mr  Weakley's  proposition  and  being  had, 
was  determined  in  the  affirmative. 

Mr  HODGES  moved  the  following  as  an  additional  amendment  to  said 
section: 

"That  the  lawyers  do  the  business  of  the  justices  of  the  different 
counties  gratis,  as  they  are  more  capahle  to  do  their  business.  The  fee 
of  lawyers,  as  it  is,  is  plenty  high  to  do  all  those  duties." 

Which  was  rejected. 

Mr  KINCAID  moved  to  strike  out  of  the  fourth  line  of  said  section  the 
words  "shall  be  two  justices  of  the  peace  and  one  constable  elected  in 
each  district",  and  insert  the  following,  "shall  be  justices  of  the  peace 
and  constables  elected  for  the  respective  counties,  two  justices  and  one 
constable  for  each  district,  who  shall  be  elected." 

In  lieu  of  which,  and  in  lieu  of  the  following  words  of  said  section; 
to  wit:  "so  that  the  whole  number  in  each  county  shall  not  be  more  than 
twenty -five,  or  four  lor  everyone  hundred  square  miles",  Mr  BLOUNT  of- 
fered the  folio  wing;  to  wit: 

"And  there  shall  be  two  justices  of  the  pence  and  one  constable 
elected  in  each  district,  except  that  including  the  county  town,  which 
shall  elect  three  justices  and  two  constables." 

Which  was  accepted  by  Mr  KINCAID. 


287 

Mr  GORDON  proposed  the  following  amendment  to  said  section,  in  lieu 
of  Mr  Kincaid's;  which  was  accepted  by  Mr  KINCAID,  to  be  inserted 
after  the  word  "constables"  in  the  sixth  line;  to  wit: 

"Whose  jurisdiction  shall  be  co-extensive  with  the  county." 

Which  was  adopted. 

Mr  COBBS proposed  the  following  further  amendment  to  said  section; 
to  wit: 

"In  such  elections,  a  majority  of  all  the  votes  given  shall  be  necessary 
to  an  election;  and,  upon  a  second  voting,  only  the  two  highest,  not 
having  a  majority  for  such  office,  shall  be  voted  for." 

Which  was  rejected. 

The  said  twellth  section,  as  amended,  was  read  and  adopted. 

Mr  JOHN  A.  McKiNNEY  submitted  the  following: 

"Whereas  the  members  of  this  Convention  are  worn  down  with  bodily 
fatigue  and  mental  exertion,  and  several  members  are  now  absent,  by 
reason  of  indisposition  of  themselves  or  their  families: 

"Resolved  therefore,  That  it  is  expedient,  as  soon  as  the  amended  Con- 
stitution shall  be  read  through  a  second  time,  the  Convention  shall  ad- 
journ until  the  day  of  January  next;  and  that  on  the  day 
of  November  next,  an  election  shall  be  held  throughout  the  State,  at 
the  several  precincts  in  each  county,  under  the  same  rules  as  elections 
are  held  for  members  of  the  General  Assembly.  At  which  time,  the 
amended  Constitution  shall  be  submitled  to  the  qualified  voters  in  each 
county  in  the  State,  to  vote  for  or  against  its  adoption.  If  it  shall  be 
adopted,  then  the  Convention,  when  it  meets  again,  shall  proceed  to  lay 
off  the  senatorial  and  representative  districts,  and  do  whatever  else  may 
be  necessary  to  put  the  Constitution  into  form,  and  provide  for  the  meet- 
ing of  the  Legislature  under  the  new  Constitution. 

"Resolved,  further.  That  the  expenses  of  the  Members  of  the  Con- 
vention, going  home  and  returning,  shall  not  be  charged  to  the  State, 
but  shall  be  borne  by  the  Members  themselves." 

The  fourth  section  of  the  second  article  of  the  amended  Constitu- 
tion, which  was  ordered  to  the  table  on  yesterday,  and  made  the  or- 
der for  this  day,  was,  on  motion  of  Mr.  LEDBETTER,  then  taken  up 
and  read. 

In  lieu  of  which  section,  Mr.  JOHN  A.  McKiNNEY  called  up  and  pro- 
posed the  following  heretofore  submitted  by  him;  to  wit : 

"Each  county  in  this  State  shall  have  one  representative,  and  the 
large  counties  shall  have  representation  in  proportion  to  their  num- 
beis,  so  that  the  whole  number  shall  not  exceed  seventy-five." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  17,  noes  38. 

The  ayes  and  noes  being  demanded  by  Mr.  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter),  Armstrong,  Garrett,  Gillespy,  Hill,  Kel- 
ly, McClellan,  John  A.  McKinney,  Marr,  Roadman,  Robertson,  Ste- 
phenson,  Senter,  Smith,  Smartt,  Scott  and  Whitson;  17. 

The  negative  voters  are, 


288 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gray,  Gordon, 
Hodges,  Huntsman,  Humphreys,  Hess,  Kincannon,  Kincaid,  Kendall, 
Kimbrough,  Ledbetter,  Loving,  Robert  J.  McKinney,  Mabry,  Mc- 
Gaughey,  Neil,  Purdy,  Richardson,  Ridley,  Sharp,  Ury,  Walton, 
White,  Webster  and  Weakley  ;  38. 

And  so  said  amendment  was  rejected. 

Mr.  GARRETT  moved  to  strike  from  the  fourth  line  of  said  section 
the  words  "and  a  half:" 

And  the  question  being  thereon  had,  it  was  determined  in  the  neg- 
ative; ayes  11,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr.  GRAY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Cahal,  Fogg,  Garrett,  Gordon,  Hess, 
Kelly,  Loving,  Marr,  Purdy  and  Scott ;  11. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Gillespy,  Gray, 
Hodges,  Hill,  Huntsman,  Humphreys,  Kincannon,  Kincaid,  Kendall, 
Kimbrough,  Ledbetter,  McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,  Neil,  Roadman,  Richardson,  Ridley, 
Robertson,  Stepht-nson,  Senter,  Smith,  Smartt, M  Sharp,  Ury,  Whitson, 
Walton,  White,  Webster  and  Weakley  ;  44. 

And  so  said  amendment  was  rejected. 

Mr.  ROBERTSON  proposed  to  amend  said  section  by  striking  there- 
from the  words  "the  population  of  the  State  shall  be  one  million  and 
a  half";  and  substituting  therefor  the  words  "the  number  of  qualified 
voters  in  the  State  shall  be  one  hundred  and  fifty  thousand." 

Mr.  HUNTSMAN  moved  a  division  ;  which  motion  prevailing,  the 
question  was  thereupon  had  on  striking  out,  and  determined  in  the  neg- 
ative. 

Mr.  STEPHENSON  moved  to  strike  from  the  third  line  of  said  sec- 
tion the  words  "seventy-five"  and  to  insert  "fifty." 

Mr.  HUNTSMAN  moved  a  division;  which  motion  prevailing,  the 
question  was  had  on  striking  out,  and  rejected. 

Mr.  GILLESPY  thereupon  submitted  the  following  in  lieu  of  said 
fourth  section  ;  to  wit  : 

"The  number  of  representatives  shall,  at  the  several  periods  of 
making  an  enumeration,  be  apportioned  among  the  several  counties  or 
districts,  according  to  the  number  of  qualified  voters  in  each,  and 
shall  never  exceed  seventy  until  the  population  of  the  State  shall  be 
one  million,  and  shall  never  thereafter  exceed  ninety  :  provided,  that 
any  one  of  the  small  counties,  having  two-thirds  of  the  ratio,  shall  be 
entitled  to  one  member." 

And  the  sense  of  the  Convention  being  thereon  had,  the  said 
amendment  was  rejected. 

The  said  fourth  section  was  thereupon  read  and  adopted. 

The  Convention  next  proceeded  to  the  consideration  of  the  seventh 
article. 


28O 

The  first  section  thereof  being  read, 

Mr.  ALEXANDER  moved  to  strike  therefrom  that  part  thereof  which 
provides  "that  no  person  shall  be  eligible  to  the  office  of  Sheriff  more 
than  six  years  in  any  term  of  eight  years:" 

And  the  question  thereon  on  being  had,  the  said  proposition  was  re- 
jected. 

Mr.  CAHAL  moved  to  amend  said  section  by  providing  that  the  coun- 
ty Trustee  shall  be  elected  by  the  Justices  of  the  Peace. 

Which  motion  was  also  rejected. 

Mr.  WEBSTER  moved  to  amend  said  section  by  providing  for  the  e- 
lection  of  a  Tax  Collector,  and 

Mr.  ALLEN  that  of  a  Ranger,  by  the  qualified  electors  : 

Both  of  which  were  rejected. 

The  said  first  section  was  read,  as  amended,  and  adopted. 

The  second  section  being  read, 

Mr.  CHILDRESS  moved  to  strike  out  said  section : 

Which  motion  was  rejected. 

Mr.  KINCAID  moved  to  amend  said  section  by  inserting  the  words 
"any  of  the"  after  the  word  "for,"  in  the  fourth  line  thereof : 

Which  motion  prevailed. 

Mr.  COBBS  moved  to  amend  said  section  by  adding  thereto  the  fol- 
lowing; to  wit : 

"And  until  his  successor  shall  be  qualified  in  office  :" 

Which  motion  also  prevailed. 

Mr.  MABRY  moved  further  to  amend  said  section  by  adding  thereto 
the  following  ;  to  wit  : 

"Provided,  no  pro  tern,  appointment  shall  continue  longer  than 
twelve  months." 

Which  motion  was  rejected. 

The  question  was  then  had,  "will  the  Convention  adopt  said  second 
section  as  amended  ?"  and  determined  in  the  affirmative  ;  ayes  33, 
noes  21. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Burton,  Blount,  Cahal, 
Cobbs,  Fulton,  Fogg,  Garrett,  Gordon,  Huntsman,  Hess,  Kelly,  Kin- 
caid,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J. 
McKinney,  John  A.  McKinney,  Marr,  Neil,  Roadman,  Stephenson, 
Senter,  Smith,  Smartt,  Scott,  Ury,  Walton,  White  and  Weakley;  33. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Cannon,  Childress,  Cheatham, 
Cross,  Gillespy,  Gray,  Hodges,  Hill,  Hess,  Mabry,  McGaughey,  Pur- 
dy,  Richardson,  Ridley,  Robertson,  Sharp,  Whitson  and  Webster  ;  21. 

And  so  said  section  as  amended  was  adopted. 

Mr.  COBBS  offered  the  following,  as  an  additional  section  to  said  se- 
venth article  ;  to  wit : 

"In  all  elections  by  Justices,  a  majority  of  the  whole  number  of 
votes  given  shall  concur,  for  the  election  of  any  officer." 


290 

Which  was  rejected. 

The  third  section  being  read, 

Mr.  BURTON  moved  to  strike  out  the  latter  clause  thereof,  requiring 
the  appointment  of  an  Auditor  of  public  accounts  for  the  State  :  and 
thereupon  the  question  was  had  and  determined  in  the  affirmative  ; 
ayes  29,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr.  BURTON, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter),  Alexander,  Bradshaw,  Burton,  Cannon, 
Childress,  Cross,  Garrelt,  Gillespy,  Gray,  Hodges,  Hill,  Humphreys, 
Kelly,  Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,  Roadman,  Richardson,  Robertson, 
Stephenson,  Senter,  Sharp,  Whitson  and  White  ;  29. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Blount,  Cabal,  Cobbs,  Cheatham,  Fulton, 
Fogg,  Gordon,  Huntsman,  Hess,  Kincaid,  Ledbetter,  Loving,  Marr, 
Nea,  Purdy,  Ridley,  Smith,  Smartt,  Scott,  Ury,  Walton,  Webster  and 
Weakiey  ;  25. 

And  so  said  motion  prevailed. 

Mr.  ROBERTSON  moved  to  amend  said  section  by  adding  the  words 
"be  elected  by  the  joint  vote  of  both  Houses  of  the  General  Assem- 
bly and  shall"  after  the  word  "shall"  in  the  first  line  thereof. 

Which  motion  prevailed. 

The  third  section  was  read  as  amended,  and  adopted. 

The  fourth  section  was  read  and  also  adopted. 

The  fifth  section  being  read, 

Mr.  STEPHENSON  moved  to  strike  out  said  section : 

Which  motion  was  rejected. 

And  thereupon  said  fifth  section  was  read  and  adopted. 

And  then  the  Convention  adjourned. 

SATURDAY,  August  16, 1834. 

Tho  Convention  met  accord  ins;  to  adjournment,  and  was  opened 
with  prayer,  by  the  Reverend  Mr  SINTER,  of  the  Methodist  Episcopal 
Church. 

The  morning's  business  being  through,Mr.  JOHN  A.  McKnoEY  mov- 
ed to  take  up  and  consider  the  second  section  of  the  sixth  article  of 
the  amended  Constitution,  which  motion  prevailing,  the  said  section 
\vas  accordingly  read : 

Whereupon  Mr.  JOHN  A.  McKixwEY  submitted  the  following,  as  an 
amendment  thereto  ;  to  wit : 

"Said  court  shall  be  held  at  such  place  in  each  of  the  three  grand 
divisions  of  the  State,  as  the  Legislature  shall  direct,  so  that  it  shall 
not  be  held  at  more  than  three  places  in  the  State." 

Mr,  GRAY  proposed  the  following  as  an  amendment  to  the  foregoing  ; 
to  wit : 

"And  said  court  shall  be  holden  twice  in  each  year  at  the  respective 
places  of  holding  said  court." 


j  291 

And  the  sense  of  the  Convention  being  thereupon  had,  the  said 
amendment  was  rejected. 

The  question  then  recurred  upon  the  adoption  of  Mr.  JOHN  A.  Me- 
KIXNEY'S  amendment ;  and  and  being  thereupon  had,  it  was  determin- 
ed in  the  affirmative  ;  ayes  35;  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr.  STEPHENSOX, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon, 
Hodges,  Huntsman,  Humphreys,  Kincannon,  Loving,  Robert  J.  M'Kin- 
ney,'john  A.  McKinney,  Mabry,  Marr,  Porter,  Purdy,  Roadman,  Rid- 
ley, Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  35. 

The  negative  voters  are 

Messrs.  President  ( Carter),  Armstrong,  Gillespy,  Gray,  Hill,  Hess, 
Kelly,  Ktncaid,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  McGaugh- 
ey,  Neil,  Nelson,  Richardson,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt  and  Sharp  ;  22. 

And  so  said  amendment  was  adopted. 

Mr  KTNCAID  proposed  furtherto  to  amend  said  section,  by  adding  the 
following  thereto;  to  wit: 

"And  shall  be  hoi  den  at  Murfreesborough  in  Middle  Tennessee,  and 
at  Jackson  in  the  Western  District,  and  at  Knoxville  in  East  Tennes- 
see." 

Mr  SEXTETI  moved  to  strike  out  the  word  "Knoxville"  and  insert  the 
word  "Athens." 

Mr  SHARP  moved  to  strike  out  "Jackson"  and  insert  "Purdy." 

Whereupon  Mr  CHEYTIIAM  moved  to  lay  said  amendments  on  the  ta- 
ble until  the  first  day  of  January  next. 

And  thereupon  the  question  was  had  and  determined  in  the  affirma- 
tive; ayes  31,  noes  24. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon, 
Huntsman,  Humphreys,  Kincaanon,  Loving,  Robert  J.  McKinney, 
John  A.  McKinney,  Porter,  Purdy,  Roadman,  Sharp,  Scott,  Ury,  Whit- 
son,  Walton,  White  and  Weakley;  31. 

The  negative  voters  are, 

Messrs.  Armslrong,  Gillespy,  Gray,  Hodges,  Hill,  Hess,  Kelly,  Kin- 
caid,  Kendall,  Kimbrough.  Led  better,  McClellan,  Mabry,  McGaughey, 
Marr,  Neil,  Richardson,  Ridley,  Robertson,  Stepheasou,  Senter,  Smith, 
Smartt  and  Webster  24. 

And  so  said  proposed  amendment  was  laid  on  the  table  till  the  first 
day  of  January  next. 

Mr  HUNTSMAN  moved  to  amend  the  amendment  of  Mr  John  A.  Mc- 
Kinney, by  providing  that  said  court  mny  be  holden  at  two  places  ia 
Middle  Tennessee:  and  the  question  being  thereupon  had,  was  deter- 
mined in  the  negative;  ayes  20,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  SMITH, 


292 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cannon,  Hill,  Huntsman,  Hess,  Kelly,  Kincaid, 
Kendall,  Ledbetter,  McClellan,  McGaughey,  Neil,  Richardson,  Ro- 
bertson, Stephenson,  Smith,  Smartt,  Scott,  Webster  and  Weakley;  20. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Childress,  Ca- 
hal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Giliespy,  Gray, 
Gordon,  Hodges,  Humphreys,  Kincannon,  Kimbrough,  Loving,  Robert 
J.  McKinney,  John  A.  McKinney,  Mabry,  Marr,  Porter,  Purdy,  Road- 
man, Ridley,  Scnter,  Sharp,  Ury,  Whitson,  Walton  and  White;  35. 

And  so  said  amendment  was  rejected. 

The  eighth  article  was  taken  up, 

And  the  first  section  thereof  being  read, 

Mr  LOVING  offered  the  following,  in  lieu  of  said  section;  to  wit: 

"The  militia  officers  of  the  State  shall  be  elected  in  such  manner  as 
shall  be  provided  by  the  Legislature." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  16,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  MABRY, 

The  affirmative  voters  are, 

Messrs.  Cannon,  Childress,  Cahal,  Cobbs,  Fulton,  Fogg,  Garret t, 
Huntsman,  Kendall,  Loving,  Purdy,  Robertson,  Scott,  Ury,  Walton 
and  Weakley;  16. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cheatham,  Cross,  Giliespy,  Gray,  Gordon,  Hodges, 
Hill,  Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  Led- 
better, McClellan,  Robert  J.  McKinney,  Mabry,  McGaughey,  Marr, 
Neil,  Porter,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Whitson,  White  and  Webster;  39. 

And  so  said  amendment  was  rejected. 

The  said  first  section  was  read  and  adopted. 

The  second  section  being  read, 

Mr  ARMSTRONG  moved  to  strike  out  the  words  "their  adjutants  and 
quarter  masters",  from  the  third  line  thereof,  and  insert  the  words  "shall 
appoint  their  staff  officers.*' 

Which  motion  prevailed. 

The  said  second  section,  as  amended,  was  read  and  adopted. 

The  third  section  being  read, 

Mr  ROBERTSON  moved  the  strike  the  proviso  therefrom: 

Which  motion  prevailed. 

Mr  MABRY  then  moved  to  strike  the  remainder  of  said  section : 

Which  motion  also  prevailed; 

And  so  the  whole  of  said  third  section  was  stricken  out. 

The  fourth  section  was  read  and  adopted. 

The  ninth  article  was  next  taken  up; 

And  the  first  and  second  sections  thereof  were  severally  read  and 
adopted. 


293 

The  third  section  being  read. 

Mr  CROSS  moved  to  strike  out  the  words'  "after  the  adoption  of  this 
Constitution." 

Which  was  rejected. 

Mr  FULTON  moved  to  strike  out  from  the  first  line  thereof  the  words 
"being  a  citizen  of  this  State,  or  a  resident  therein.'' 

Which  was  also  rejected. 

Mr  KINCANNON  offered  the  following  as  a  substitute  for  the  said  sec- 
tion; to  wit: 

"The  Legislature  shall  pass  laws  to  prevent  the  odious  practice  of  du- 
elling." 

And  the  question  being  thereupon  had,  it  was  determined  in  the  neg- 
ative. 

Mr  COBBS  moved  to  insert,  after  the  word  "knowingly"  in  the  second 
line,  the  words  "and  maliciously." 

Which  was  rejected. 

Mr  MABRY  proposed  the  following  in  lieu  of  said  section: 

"The  Legislature  shall  have  power  to  pass  laws  to  prevent  duelling 
and  all  other  infamous  practices": 

Which  was  also  rejected. 

The  said  third  section  was  read  and  adopted. 

The  tenth  article  was  then  taken  up: 

And  the  first  section  being  read, 

Mr  ARMSTRONG  proposed  to  amend  said  section,  by  the  addition  of 
the  following;  to  wit: 

"And  also  the  following,  "I,  A,  B,  do  solemnly  swear  (or  affirm),  that 
I  have  not  directly  or  indirectly,  given,  promised,  or  bestowed,  any  gift 
or  reward,  in  meat,  drink,  money  or  otherwise,  under  the  expectation 
of  its  having  any  influence  on  the  election,  or  with  a  view  of  gaining 
votes  thereby." 

And  the  question  being  thereon  had,  said  proposition  was  rejected. 

The  said  first  section  was  adopted,  without  amendment. 

The  second  section  being  read. 

Mr  CAHAL  moved  to  strike  out  of  said  section  the  words  "I  will  in  all 
appointments  vote  without  favor,  affection,  partiality  or  prejudice  and 
that": 

Which  motion  was  rejected. 

Mr  COBBS  moved  to  amend  said  section,  by  inserting,  after  the  word 
"appointments,"  in  the  fourth  line  thereof  the  words  "except  in  the  case 
of  a  candidate  from  my  own  county  or  district,  in  which  case  I  will  act 
upon  my  own  discretion  or  the  wish  of  my  constituents": 

Which  was  also  rejected. 

Mr  JOHX  A.  McKiNNEY  proposed  the  following  amendment  to  said 
section;  to  wit: 

"And  I  do  further  swear  that  I  have  not,  directly  or  indirectly,  given 
or  distributed  any  ardent  spirits,  to  any  person  or  persons,  for  the  pur- 
pose of  procuring  votes  in  my  election;  nor  have  I  given,  nor  am  I  to 
give,  by  myself  or  any  other  person,  any  money,  for  the  purpose  of  pro- 
curing ardent  spirits,  to  be  given  to  the  voters  at  my  election." 


294 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  21,  noes  32. 

The  ajes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmntive  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Fulton, 
Fogg,  Garrett,  Gillespy,  Hill,  Huntsman,  McCielian,  Robert  J.  McKin- 
ney,  John  A.  McKinney,  McGaughey,  Marr,  Neil,  Roadman,  Stephen- 
son,  Senter,  Smith  and  Ury;  21. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Cannon,  Childress,  Cobbs,  Cheat- 
ham,  Cross,  Gray,  Gordon,  Hodges,  Humphreys,  Hess,  Kelly,  Kincaid, 
Kendall,  Lcdbetter,  Loving,  Mabry,  Porter,  Purdy,  Richardson,  Rid- 
ley, Robertson,  Smartt,  Sharp,  Scott,  Whitson,  Walton,  White,  Web- 
ster and  Weakley;  32. 

And  so  said  amendment  was  rejected. 

Mr  RIDLEY  moved  to  amend  said  section,  by  inserting,  after  the  word 
"appointments",  the  following;  to  wit:  "of  Senators,  Judges,  State  At- 
torneys, Treasurers." 

Which  was  rejected. 

The  said  second  section  was  then  adopted,  without  amendment. 

The  third  section  being  read, 

Mr  ROBERT  J.  McKiHNEY  proposed  the  following  amendment  to  said 
section;  to  wit: 

"Any  person  violating  the  provisions  of  this  section,  shall  be  subject 
to  prosecution,  on  indictment  or  presentment  of  the  grand  jury,  as  in 
other  cases." 

And  thereupon  the  question  was  had,  and  determined  in  the  negative; 
ayes  24,  noes  29. 
"  The  ayes  and  noes  being  demanded  by  Mr  GARRETT, 

The  affirmative  voters  arc, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Biount,  Cheat- 
ham,  Fogg,  Gorrett,  Gillespy,  Hill,  Kelly,  Kimbrough,  McCielian, 
Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Marr,  Road- 
man, Stephenson,  Senter,  Smith,  Scott,  Whitson,  Webster  and  Weak- 
ley;  24. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Cannon,  Childress,  Cobbs,  Cros?, 
Fulton,  Gray,  Gordon,  Hodges,  Huntsman,  Humphreys,  Hess,  Kincaid, 
Ledbetter,  Loving,  Mabry,  Neil,  Porter,  Purdy,  Richardson,  Ridley, 
Robertson,  Smartt,  Sharp,  Ury,  Walton  and  White;  29. 

And  so  said  amendment  was  rejected. 

Mr  MABIIY  moved  to  strike  out  the  said  third  section: 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive  >  aves  2,  noes  51. 

The  ayes  and  noes  being  demanded  by  Mr.  STEPHESSON, 

The  affirmative  voters  are, 

Messrs.  John  A.  McKinney  and  Mabry;  2. 

The  negative  voters,  are, 


295 

Messrs  President  (Carter),  Alien,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Children,  Cohbs,  Cheatham,  Cross,  Fulton, 
Fogg,  Garrctt,  Gillespy,  Gray,  Gordon,  Hodgcs,IIill, Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincaid,  Kimbrougn,  Ledbettcr,  Loving,  McCIcI- 
lan,  "Robert  J.  McKinney,  McGaughey,  Marr,  Neil,  Porter,  Purely, 
Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Scott,  Ury,  tVhitson,  Walton,  White,  Webster  and 
Wcaklcy;  51. 

And  so  the  Convention  refused  to  strike  out  said  section. 

The  said  third  section  was  then  adopted,  without  amendment. 

Mr  PRESIDENT  (CARTER)  offered  the  following  as  an  amendment  fo 
the  Constitution;  to  wit: 

"The  Legislature  shall  have  no  power  to  create  any  stock  to  be  vested 
in  any  bank  which  would  operate  as  a  pledge  of  public  faith,  and  sub- 
ject the  taxable  polls  and  property  within  this  State,  to  taxation  for  its 
redemption." 

Mr  CHEATHAM  moved  to  lay  said  proposed  amendment  on  the  table; 
which  motion  prevailed. 

The  fourth  section  of  the  tenth  article  being  read, 

Mr  GARRETT  moved  to  fill  the  blank  with  "four  hundred";  which 
was  rejected. 

Mr  MABRV  moved  to  fill  the  blank  with  "eight  hundred";  and  the 
question  thereupon  was  had,  and  determined  in  the  negative;  ayes  19, 
noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  GARRETT, 

The  affirmative  voters  are, 

Messrs.  Burton,  Childress,  Cobbs,  Cross,  Fulton,  Fogg,  Gray,  Hill, 
Kelly,  Kendall,  Led  better,  Po>bcrt  J.  McKinney,  John  A.  McKinney, 
Mabry,  Porter,  Ridley, Robertson,  Stephcnson  and  White;  19. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cahal,  Cheatham,  Garretl,  Gillespy,  Gordon,  Hodges,  Hunts- 
man, Hess,  Kincaid,  Kimbrough,  McClellan,  McGaughey,  Marr,  Neil, 
Purdy,  Roadman,  Richardson,  Senter,  Smith,  Smartt,  Sharp,  Soott, 
Ury,*  Whitson,  Walton,  Webster  and  Wenklcy;  33. 

And  so  the  Convention  refused  to  fill  the  blank  with  "eight  hundred/' 

Mr  ROADMAN  moved  to  fill  the  blank  with  "six  hundred"'; 

Which  motion  was  rejected. 

Mr  LEDBETTER  moved  t3  fill  the  blank  with  "five  hundred"; 

Which  was  also  rejected. 

Mr  SENTER  moved  to  fill  the  blank  with  "four  hundred  and  fifty"; 

Which  motion  prevailed. 

Mr  WHITE  moved  to  strike  from  said  section,  that  part  thereof  which 
provides  that  old  counties  may  be  reduced  to  five  hundred  and  fifty 
square  miles;  so  as  to  provide  that  they  shall  not  be  reduced  to  a  less 
content  than  six  hundred  and  twenty-five  square  miles. 

Mr  ARMSTRONG  moved  a  division;  which  motion  prevailing,  the  ques- 
tion was  thereupon  had  on  striking  out,  and  determined  in  "the  affirma- 
tive; ayes  3*J,  noes  21. 


296 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Blount,  Cobbs,  Cheatham,  Fulton, 
Fogg,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Humphreys,  Kelly,  Ken- 
dall, Kimbrough,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Marr,  Neil,  Porter,  Purdy,  Roadman,  Robertson,  Ste- 
phenson,  Smartt,  Scott,  White  and  Weakley;  32. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander, Childress,  Cahal, 
Cross,  Garrett,  Huntsman,  Hess,  Kincaid,  Ledbetter,  McClellan,  Rich- 
ardson, Ridley,Senter,  Smith,  Sharp,  Ury,  Whitson,  Walton  and  Web- 
ster; 21. 

And  so  the  motion  to  strike  out  prevailed. 

The  question  then  recurred  upon  inserting  the  provision  submitted  by 
Mr  WHITE,  and  being  thereupon  had,  it  was  determined  in  the  affirma- 
tive; ayes  28,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Blount,  Cobbs,  Cheatham,  Cross,  Fulton, 
Fogg,  Gillespy,  Gordon,  Hill,  Huntsman,  Humphreys,  Kelly,  Kendall, 
Kimbrough,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  Marr, 
Neil,  Porter,  Roadman,  Robertson,  Stephenson,  Smartt,  White  and 
Weakley;  28. 

The  negative  voters  are, 

Messrs.  President  ( Carter),  Armstrong,  Alexander,  Bradshaw,  Can- 
non, Childress,  Garrett,  Gray,  Hodges,  Hess,  Kincaid,  Ledbetter, 
McClellan,  McGaughey,  Purdy,  Richardson,  Ridley,  Senter,  Smith, 
Sharp,  Scott,  Ury,  Whitson,  Walton  and  Webster;  25. 

And  the  blank  was  filled  with  "six  hundred  and  twenty-five." 

On  motion  of  Mr  WEBSTER,  the  following  was  added  to  said  section; 
to  wit: 

"Provided^  That  the  county  of  Bedford  shall  be  an  exception  to  the 
general  rule  herein  contained,  and  may  be  reduced  below  six  hundred 
and  twenty-five  square  miles:  but  no  new  county  line  shall  be  run  near- 
er than  eleven  and  a  half  miles  to  the  seat  of  justice  of  said  county." 

Mr  ALLEN  moved  that  the  following  be  added  to  said  section;  to  wit: 

"Provided,  That  all  that  part  of  Smith  county,  which  lies  north  of  a 
direct  east  and  west  line,  to  be  run  across  the  county,  from  a  point  that 
will  leave  the  present  court  house  fifteen  miles  south  of  any  part  thereof; 
may  of  itself,or  in  conjunction  with  the  territory  of  other  adjoining  coun- 
ties, be  formed  into  a  separate  county:  also,  all  that  part  of  Smith  county 
which  lies  south  of  a  direct  east  and  west  line,  to  be  run  across  the  coun- 
ty, from  a  point  which  will  leave  the  present  court  house  fifteen  miles 
north  of  any  part  thereof,  may  of  itself,  or  in  conjunction  with  the  terri- 
tory of  other  counties,  be  formed  into  a  separate  county,  in  such  manner 
us  the  Legislature  may  hereafter  direct:  whenever  it  shall  be  made  ap- 
pear that  a  majority  of  the  taxable  inhabitants,  within  the  bounds  in- 
tended to  be  separated,  consent  thereto." 


297 


On  motion  of  Mr  FULTOX,  the  said  fourth  section,  as  amended,  togeth- 
er with  the  proposed  amendment  of  Mr  Allen,  was  laid  on  the  table  un- 
til Monday  next. 

On  motion  of  Mr  HUNTSMAN,  the  resolution  submitted  by  Mr  Loving, 
on  Friday  last,  on  the  subject  of  appointing  a  committee  to  draft  a  suita- 
ble preamble  for  the  new  Constitution  was  taken  up  and  read. 

Mr  HUNTSMAN  moved  to  fill  the  blank  with  the  word  "three"; 

Which  motion  prevailed  and  said  resolution  was  adopted. 

Whereupon  the  President  appointed  Messrs.  Loving,  Scott  and  Ro- 
bert J.  McKinney  to  compose  said  committee. 

On  motion  of  Mr  HUNTSMAN,  the  resolution  submitted  by  him  on 
Monday  last,  on  the  subject  of  appointing  a  committee  to  examine  and 
correct  the  phraseology  of  the  new  Constitution,  after  its  second  read- 
ing, was  taken  up  and  read. 

Mr  GORDON  moved  to  strike  out  "seven"  and  insert  "nine";  which 
was  rejected. 

Mr 'FULTON  moved  to  strike  out  "seven"  and  insert  "five";  which 
prevailing, 

Said  resolution  was  adopted. 

Whereupon  the  President  appointed  Messrs.  Huntsman,  Fogg,  John 
A.  McKinney,  White  and  Fulton  to  compose  said  committee. 

On  motion  of  Mr  FULTON,  it  was 

"Ordered,  That  sixty-five  copies  of  the  Constitution,  as  amended  on 
its  second  reading,  be  printed  for  the  use  of  the  Convention,  except  the 
Bill  of  Rights." 

And  then  the  Convention  adjourned. 

MONDAY,  August  18,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  KIMBROUGH  of  the  Baptist  Church. 

Mr  BURTON  submitted  the  following: 

Resolved,  That  the  Constitution  of  the  State  of  Tennesssee,  as  a- 
mendedby  this  Convention,  be  submitted  to  the  people  for  their  ratifi- 
cation or  rejection  ;  and  that  in  order  to  carry  into  effect  this  resolve, 
the  following  ordinances  shall  be  observed. 

1st.  Ordered,  That  it  shall  be  the  duty  of  the  several  Sheriffs,  and 
in  case  of  their  death,  resignation  or  removal,  then  of  the  several  Cor- 
oners in  each  County  in  this  State,  under  the  penalty  of  five  thousand 
dollars  fora  failure  therein,  to  open  and  hold  an  election  at  the  usu- 
al places  of  holding  elections  in  their  respective  counties  on  the  first 
Thursday  and  Friday  in  April  one  thousand  eight  hundred  and  thirty- 
five,  for  the  purpose  of  taking  the  votes  of  such  persons  as  may  desire 
to  vote  for  the  adoption  or  rejection  of  this  amended  Constitution  ; 
Provided,  That  no  person  shall  be  considered  a  qualified  voter  in  said 
election,  except  such  as  are  made  qualified  voters  by  the  provisions  of 
the  first  section  of  the  third  article  of  the  amended  Constitution. 

2d.  Ordered,  That  it  shall  be  the  duty  of  the  several  Sheriffs,  or 


298 

in  case  of  their  death,  resignation  or  removal,  then  of  the  several  Cor- 
oners in  this  State,  to  deposite  the  original  poll  books  of  said  election 
with  the  Clerk  of  their  respective  counties,  and  that  said  Sheriff'  or 
Coroner  shall  within  five  days  after  said  election  forward  by  mail,  du- 
plicate certificates  of  said  election  to  the  Secretary  of  State,  and  he 
shall  likewise  deposite  one  certificate  of  said  election  in  the  office  of 
the  Clerk  of  the  county  court,  and  it  shall  be  the  duty  of  said  Clerk  to 
certify  a  copy  of  said  certificate  forthwith  to  the  office  of  the  Secreta- 
ry of  State — upon  the  receipt  of  said  returns,  it  shall  be  the  duty  of 
the  Governor,  and  any  one  of  the  Judges  of  the  supreme  court,  or  one 
of  the  Chancellors,  together  with  the  Secretary  of  State,  to  compare 
tlie  votes  taken  for  and  against  the  Constitution ;  and  if  it  shall  appear 
that  a  majority  of  all  the  votes  given  in  said  election  is  for  ratifying  this 
amended  Constitution,  then  it  shall  be  the  duty  of  the  Governor  of  this 
State  forthwith  to  make  proclamation  of  the  fact,  and  in  and  by  such 
proclamation,  to  command  the  Sheriffs  and  other  officers  directed  by 
law  to  hold  and  superintend  elections,  under  the  penalty  of  five  thou- 
sand dollars  for  failing  to  obey  such  command,  to  open  the  polls  of  elec- 
tion at  the  usual  places  of  holding  elections  in  their  respective  Coun- 
ties on  the  first  Thursday  in  August  one  thousand  eight  hundred  and 
thirty-five,  for  the  elections  of  Senators  and  Representatives  to  the 
General  Assembly  of  the  State  of  Tennessee  fromthe  several  Dis- 
tricts and  Counties  as  mentioned  and  described  in  this  amended  Consti- 
tution. 

The  Convention  resumed  the  consideration  of  the  amendment  of 
Mr  ALLEN  to  the  fourth  section  of  the  tenth  article ;  which  being 
read,  and  thereupon  the  question  was  had,  and  determined  in  the  af- 
firmative ;  ayes  29,  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  ALLEN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Cobh?, 
Cheatham,  Douglass,  Giilespy,  Gray,  Hill,  Huntsman,  Kelly,  Kincaid, 
Kendall,  Ledbetter,  McClellan,  John  A.  McKinney,  McGaughey, 
Neil,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Sharp,  Whit- 
son,  Walton,  Webster  and  Weakley;  29. 

The  negative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Blount,  Cross,  Fulton,  Fogg,  Gai 
rett,  Gordon,  Hodges,  Humphreys,  Kincannon,  Kimbrough,  Loving 
Robert  J.  McKinney,  Mabiy,  Porter,  Purdy,  Robertson,  Smart! 
Scott,  Ury  and  White ;  22. 

And  so  said  amendment  was  received. 

Mr  MCCLELLAN  moved  that  Sullivan  county  be  added  to  the  ex 
ceptions  made  in  said  fourth  section  ;  and  the  question  thereon  was 
had,  and  determined  in  the  affirmative ;   ayes  32,  noes  20. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Alexander,  Cobbs,  Garrett, 
Giilespy,   Gray,  Hodges,  Hill,  Huntsman,  Kincannon,  Kincaid,  Ken- 


299 

dall,  Ledbctter,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney, 
AlcGaughey,  Neil,  Nelson,  Roadman,  Richardson,  Ridley,  Stephenson, 
Senter,  Smith,  Smartt,  Sharp,  Whitson,  Walton,  Webster  and  Weak- 
ley  ;  32. 

The  negative  voters  are, 

Messrs  Allen.  Bradshaw,  Burton,  Blount,  Cheatham,  Cross,  Doug- 
lass, Fulton,  Fogg,  Gordon,  Humphreys,  Kimbrough,  Loving,  Mabry, 
Porter,  Purdy,  Robertson,  Scott,  Ury  and  Wliite  ;  20. 

Mr  WALTON  moved  that  Sumner  county  be  also  added  to  the  excep- 
tions made  in  said  fourth  section;  and  thereupon  the  question  was 
had,  and  determined  in  the  negative ;  ayes  20,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr  WHITE  ; 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Childress,  Gillespy,  Hill,  Kelly,  Kincannon, 
Kincaid,  Kendall,  McClellan,  John  A.  McKinney,  McGaughey,  Neil, 
Purdy,  Richardson,  Ridley,  Smith,  Sharp,  Walton,  Webster  and 
Weakley;  20 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett, 
Gray,  Gordon,  Hodges,  Huntsman,  Humphreys,  Kimbrough,  Ledbet- 
ter, Loving,  Robert  J.  McKinney,  Mabry,  Nelson,  Porter,  Roadman, 
Robertson,  Stephenson,  Senter,  Smarlt,  Scott,  Ury,  Whitson  and 
White ;  34. 

Mr  KINCAID  proposed  the  following  amendment  to  said  section ; 
viz :  ,  > 

"The  citizens  who  may  be  included  in  any  new  county  which 
may  hereafter  be  established  shall  vote  with  the  county  or  counties 
from  which  they  may  have  been  stricken  off,  for  members  of  Con- 
gress, for  Governor,  and  of  the  General  Assembly  until  otherwise  pro- 
vided by  an  apportionment  of  the  representaion  of  the  members  of  the 
Genera'  Assembly; 
,  And  the  question  being  thereon  had,  said  proposition  was  accepted. 

Mr  RICHARDSON  moved  the  following  further  amendment  to  said 
section ;  viz : 

tkThe  line  of  a  new  county  may  run  within  eleven  miles  of  the 
seat  of  justice  of  Franklin  county,  provided  that  by  so  doing  it  does  not 
reduce  said  county  to  less  contents  than  six  hundred  and  twenty-five 
square  miles." 

Which  was  also  accepted. 

Mr  KELLY  proposed  the  following,  as  a  further  amendment  to  said 
section,  to  be  inserted  after  the  word  "miles"  in  the  tenth  line  thereof; 
to  wit : 

"Nor  less  than  one  thousand  taxable  inhabitants,  except  in  the  spe- 
cial cases  provided  for  in  this  section :" 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  21,  noes  30. 

The  ayes  and  noes  being  demanded  by  Mr  GARRETT, 


300 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Childress,  Cobbs,  Cheatharn,  Cross^ 
Douglass,  Fogg,  Gillespy,  Gray,  Hill,  Humphreys,  Kelly,  Kendall,  Led- 
better,  Porter,  Purdy,  Roadman,  Robertson,  Stephenson,  Smartt,  Scott 
and  White;  24. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Fulton, 
Garrett,  Gordon,  Hodges,  Huntsman,  Kincannon,Kincaid,Kimbrough, 
Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Neil,  Nelson,  Richardson,  Ridley,  Senter,  Smith,  Sharp, 
Ury,  Whitson,  Walton,  Webster  and  Weakley;  30. 

Mr  DOUGLASS,  proposed  to  amend  said  section,  by  adding  thereto  the 
following;  to  wit: 

"And  provided  also,  that  a  line  may  be  run  from  Rutherford  county 
4°  north  of  east,  leaving  Statesville  two  miles  south,  to  the  Smith  line, 
and  all  of  Wilson  county  south  of  said  line  may  be  included  in  a  new 
county,  to  be  formed  of  Smith  and  other  counties;  provided,  however, 
that  the  territory  aforesaid  shall  not  be  taken  from  the  county  of  Wil- 
son, unless  a  majority  of  the  qualified  votess  therein  shall  prefer  to  be 
included  in  said  new  county." 

And  the  question  being  had  thereon,  said  proposed  amendment  was 
rejected. 

On  motion  of  Mr  LOVING,  the  said  section  was  amended  by  adding 
in  the  tenth  line  thereof  after  the  word  "miles,"  the  following;  to  wit: 
"except  the  counties  above  mentioned." 

The  question  then  recurred  upon  the  adoption  of  said  section  as  amend- 
ed. 

Mr  CHILDRESS  moved  a  division,  so  as  to  test,  first  the  sense  of  the 
sense  of  the  Convention  upon  the  adoption  of  the  general  provisions 
contained  in  said  section,  and  secondly,  upon  the  special  provision  there- 
in contained. 

Which  motion  prevailing,  the  said  section,  so  far  as  it  contained  gen- 
eral provisions,  was  thereupon  read  and  adopted. 

Mr  GARRETT  thereupon  moved  a  further  division ,  so  as  to  test  the 
sense  of  the  Convention  upon  each  special  provision;  which  motion  pre- 
vailing, the  provisions  in  relation  to  the  county  of  Carter,  were  read  and 
adopted;  ayes  43,  nees  12. 

The  ayes  and  noes  being  demanded  by  Mr  BURTON, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Alexander,  Blount,  Cabal, 
Cobbs,  Cheatham,  Douglass,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kim- 
brough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  McGaughey,  Neil,  Nelson,  Porter,  Roadman,  Richardson, 
Ridley,  Robertson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson,  Wal- 
ton, Webster  and  Weakley;  43. 

The  negative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Childress,  Cross,  Fulton,  Hum- 
phreys, Mabry,  Purdy,  Robertson,  Scott  and  White;  12. 


301 


The  special  provisions  in  relation  to  the  counties  of  Rhea,  Hum- 
phreys, Tipton,  Dyer,  Bedford,  Smith,  Sullivan  and  Franklin,  were 
thereupon  severally  read  and  adopted. 

Mr.  HUMPHREYS  moved  further  to  amend  said  section  by  providing, 
that  the  excepted  counties  should  not  approach  the  court  house  of  an 
older  county  nearer  than  ten  miles. 

Which  amendment  was  declared  by  the  chair  to  be  out  of  order. 

The  first  section  of  the  eleventh  article  being  read, 

Mr.  CAHAL  moved  to  strike  out  from  the  second  line  thereof  the 
words  "in  this  State";  which  motion  prevailed. 

The  second  section  was  read  and  adopted, 

The  third  section  being  read, 

Mr.  HUMPHREYS  moved  to  strike  out  from  the  second  line  thereof  the 
words  "by  such  laws  as  may  be  just  and  proper,"  and  insert  the 
words  "for  such  cases  as  may  be  prescribed  by  law";  which  motion 
prevailed  and  said  third  section,  as  amended,  was  adopted. 

The  fourth  section  was  read  and  adopted. 

The  fifth  section  being  read, 

Mr.  CAHAL  moved  to  strike  therefrom  the  following  words  : 

"But  this  provision  shall  not  affect  existing  corporations." 

Mr.  CHEATHAM,  moved  to  amend  said  section  by  striking  out  all 
that  part  thereof  from  the  word  "State",  in  the  second  line;  which  was 
accepted  by  Mr.  Cahal. 

And  thereupon  the  question  was  had,  and  determined  in  the  affirm- 
ative; ayes  42,  noes  12. 

The  ayes  and  noes  being  demanded  by  Mr.  SHARP, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  BLount,  Childress,  Cahal,  Cheatham,  Cross,  Douglass, 
Garrett,  Gray,  Gordon,  Hodges,  Hill,  Kelly,  Kendall,  Kimbrough,  Lov- 
ing, McClelian,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Neil,  Nelson,  Purdy,Roadman,  Richardson,  Ridley,  Ro- 
bertson, Stephenson,  Senter,  Smith,  Sharp,  Scott,  Ury,  Whitson,  Wal- 
ton and  WThite  ;  42. 

The  negative  voters  are, 

Messrs.  Cobbs,  Fulton,  Fogg,  Gillespy,  Huntsman,  Humphreys, 
Kincaid,  Ledbetter,  Porter,  Smartt,  Webster  and  Weakley  ;  12. 

Mr.  MABRY  moved  further  to  amend  said  section  by  providing  that 
the  rate  of  interest  shall  not  exceed  six  per  centum  per  annum;  which 
motion  was  rejected. 

The  said  fifth  section,  as  amended,  was  read  and  adopted. 

The  sixth  section  being  read, 

Mr.  DOUGLASS  proposed  to  amend  said  section,  by  inserting  the  fol- 
lowing after  the  word  "incorporation"  in  the  sixth  line  ;  to  wit :  "To 
towns,  manufacturing  establishments,  insurance  companies,  or  for  inter- 
nal improvements." 

Mr.  KIMBROUGH  moved  to  strike  out  all  of  said  section  after  the 
word  "law,"  in  the  fifth  line. 


302 

Mr.  ALLEN  moved  to  amend  Mr.  Kimbrough's  motion  by  striking 
out  the  whole  of  said  section. 

And  thereupon  the  question  was  had  on  striking  out,  and  determin- 
ed in  the  negative  ;  ayes  14,  noes  41. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Burton,  Douglass,  Gillespy,  Gray,  Kelly, 
Kincaid,  Kimbrough,  Mabry,  Richardson,  Stephenson,  Ury  and  Weak- 
ley  ;  14. 

The  negative  voters  are, 

Messrs. President  (Carter),  Alexander,  Bradshaw,  Blount,  Cannon, 
Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon, 
Hodges,  Hill,  Huntsman, Humphreys,  Hess,  Kendall,  Ledbetter,  Lov- 
ing, McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  McGaugh- 
ey,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Ridley,  Robertson,  Senter, 
Smith,  Smartt,  Sharp,  Scott,  Whitson,  Walton,  White  and  Webster ; 
41. 

The  question  was  then  had  on  Mr.  KIMBROUGH'S  motion  to  strike 
out,  and  determined  in  the  negative. 

Mr.  KINCAID  moved  to  strike  out  all  of  said  section  after  the  word 
"land"  in  the  3d  line  thereof. 

Which  motion  was  rejected. 

The  question  recurring  upon  Mr.  Douglass'  amendment,  and  being 
thereon  had,  it  was  determined  in  the  negative  ;  ayes  13,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr.  FULTON, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter),  Allen,  Armstrong,  Bradshaw,  Douglass, 
Garrett,  Hill,  Kincaid,  Kimbrough,  Mabry,  Neil,  Nelson  and  Senter; 

1/> 
o. 

The  negative  voters  are^ 

Messrs.  Alexander,  Burton,  Blount,  Cannon,  Childress,  Cahal,  Cheat- 
ham,  Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Gordon,  Hodges,  Huntsman, 
Humphreys,  Hess,  Kelly,  Kendall,  Ledbetter,  Loving,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Porter,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Smartt,  Sharp, 
Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  41. 

The  question  was  then  had  upon  the  adoption  of  said  sixth  section, 
and  determined  in  the  affirmative  ;  ayes  38  ;  noes  17. 

The  ayes  and  noes  being  demanded  by  Mr.  CAHAL, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Blount,  Cannon,  Childress, 
Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kendall,  Ledbetter,  Loving,  McClel- 
lan, Robert  J.  McKinney,  John  A.  McKinney,  Neil,  Nelson,  Porter, 
Purdy.  Roadman,  Ridley,  Robertson,  Senter,  Smith,  Smartt,  Sharp, 
Scott,  Whitson,  Walton,  White  and  Webster;  38. 

The  negative  voters  arc, 

Messrs.  Allen,   Armstrong,   Bradshaw,  Burton,  Cahal,   Douglass, 


303 

Gillespy,  Gray,  Kelly,  Kincaid,  Kimbrough,  Mabry,  McGaughey,  Rich- 
ardson, Stephenson,  Ury  and  Weakley;  17. 

And  so  said  section  was  adopted. 

The  seventh  section  being  read, 

Mr.  HUNTSMAN  offered  the  following  in  lieu  of  said  section;  viz  : 

"The  Legislature  shall  have  the  right  to  vest  such  powers  in  the 
courts  of  justice  with  regard  to  private  and  local  affairs  as  may  be  deem- 
ed expedient." 

Which  was  received,  and  said  section  was  adopted. 

The  eighth  section  being  read, 

Mr.  WEBSTER  moved  to  strike  out  the  preamble  thereto,  which 
was  rejected. 

Mr.  KINCAID  moved  to  strike  out  from  the  fourth  line  of  said 
section  the  words  "to  encourage  all  seminaries  of  learning,  and  all 
public,  and  private  schools." 

Which  motion  prevailed. 

Mr.  GORDON  moved  to  strike  out  from  the  fourth  and  fifth  lines  of 
said  section,  the  words  "the  interest  of." 

WThich  also  prevailed. 

Mr.  JOHN  A.  McKiNKEY  proposed  to  amend  said  section,  by  adding 
the  following  thereto;  viz  : 

<(>  Provided,  that  if  at  any  time  hereafter,  a  division  of  the  public  lands 
of  the  United  States,  or  the  money  arising  from  the  sales  of  such  lands, 
shall  be  made  among  the  individual  States,  the  part  of  such  lands  or 
money  coming  to  this  State  shall  be  devoted  to  the  purposes  of  educa- 
tion and  internal  improvement,  and  shall  never  be  applied  to  any  other 
purpose." 

Which  proposition  was  received. 

Mr.  KINCAID  moved  to  strike  out  from  the  eleventh  and  twelfth  lines 
of  said  section,  the  words,  "public  and"  so  as  to  make  it  read  "com- 
mon schools." 

Which  motion  was  rejected. 

Mr.  LEDBETTER  moved  a  reconsideration  of  the  vote  on  striking 
out,  which  was  ordered,  and  thereupon  the  question  was  had  on  strik- 
ing out,  and  determined  in  the  affirmative  ;  ayes  29,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Cannon,  Cheat- 
ham,  Cross,  Gray,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Led- 
better,  McClellan,  Mabry,  McGaughey,  Neil,  Nelson,  Purely,  Road- 
man, Richardson,  Ridley,  Stephenson,  S enter,  Smith,  Scott,  YVbitson 
and  Webster ;  29. 

The  negative  voters  are, 

Messrs.    President   (Carter,)    Burton,   Blount,    Childress,  Cahal 
Douglass,  Fulton,  Fogg,  Garrett,  Gill  espy,  Gordon,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Loving,  Robert  J.  McKinney,  John  A.  McKinney, 
Porter,  Robertson,  Smartt,  Sharp,  Ury,  Walton,  White  and  Weakley; 
26. 


304 

Mr.  GRAY  moved  to  strike  out  the  latter  clause  of  said  section. 

Whereupon  Mr.  CANNON  proposed  the  following  in  lieu  of  said  ori- 
ginal eighth  section  ;  viz  : 

"The  common  school  funds  of  this  State  shall  remain  a  perpetual 
fund  forever,  the  principal  of  which  shall  never  be  diminished  by  the 
Legislature  ;  but  the  interest  shall  be  appropriated  to  the  support  and 
encouragement  of  common  schools,  in  such  manner  as  the  Legislature 
may  from  time  to  time  direct." 

Which  was  received. 

And  the  eighth  section,  as  amended,  was  read  and  adopted. 

The  ninth  section  being  read, 

Mr.  HUNTSMAN  moved  to  insert  the  word  "academies"  after  col- 
leges" in  the  second  line. 

Which  motion  prevailed. 

The  ninth  section,  as  amended,  was  read  and  adopted. 

The  tenth  section  being  read,  Mr.  WEAKLEY  moved  to  strike  out 
said  section,  and  thereupon  the  question  was  had  and  determined  in 
the  affirmative  ;  ayes  36,  noes  21. 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Cannon,  Childress,  Cheatham,  Cross,  Douglass,  Fulton,  Gillespy,  Gray, 
Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid, 
Kendall,  Kimbrough,  Ledbetter,  McGaughey,  Neil,  Porter,  Robert- 
son, Smith,  Smartt,  Scott,  Walton,  White,  Webster  and  Weakley  ;  36. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Cabal,  Cobbs,  Fogg,  Garrett,  Loving, 
McClelian,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  Marr, 
Nelson,  Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter, 
Sharp,  Ury  and  Whitson  ;  21. 

Mr.  GILLESPY  moved,  a  re-consideration  of  the  vote  on  the  adop- 
tion of  the  eighth  section  as  amended;  which  motion  prevailed. 

And  then  the  Convention  adjourned. 

TUESDAY,  August  19,  183-1. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Reverend  Mr  EDGAR,  of  the  Presbyterian  Church. 

Mr  LOVING,  from  the  committee  to  whom  was  assigned  the  duty  of 
drafting  a  suitable  preamble  for  the  amended  Constitution  of  the  Slate 
of  Tennessee,  made  the  following 

REPORT: 

"Whereas,  the  people  of  the  territory  of  the  United  States,  south  of  the 
river  Ohio,  having  the  right  of  admission  into  the  General  Government 
as  a  member  State  thereof,  consistent  with  the  Constitution  of  the  Unit- 
ed Stateiuand  the  act  of  session  of  the  State  of  North  Carolina  recog- 


305 

nizin^tho  ordinance  for  the  government  of  the  territory  of  the  United 
States  north-west  of  the  river  Ohio,  by  their  delegates  and  rcprosentativ  ea 
in  Congress  assembled,  did  on  the  sixth  day  of  February,  in  the  'rCar  Of 
our  Lord  one  thousand  seven  hundred  and  ninety-six,  orclnin  aJ5"t$  esfo. 
:  a  Constitution  or  form  of  government,  and  nuitua^y  ao-rcc  wjfo 
each  other  to  form  themselves  into  a  free  and  independ  ent  state,  by  the 
[he  State  of  Tennessee;  and  whereas,  the  G'dncrai  Assembly  of 
said  State  of  Tennessee,  pursuant  to  the  thir^  seeflon  Of  the  tenth 
article  of  the  Constitution,  by  an  act  passed  on  the  twenty-seventh  day  of 
November,  in  the  year  of  our  Lord  one  thousand  ei^hl  hundred  and 
thirty-three,  entitled  "an  act  to  provide  f'jr  the  calling  of  a  Convention,'* 
did  authorize  and  piovidc  Tor  the  clcc  Vion,  by  the  people,  of  delegates 
and  representatives,  to  meet  at  Nashville,  in  Davidson  county,  on  the 
third  Monday  in  May,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  thirty-four,  for  tfiepu; pose  of  revising,  amending  or  altering; 
the  presenter  forming  a  new  Constitution: 

"We,  there  fore,  the  delegates  and  representatives  of  the  people  of  Ten- 
nessee, elected,  and  in  Convention  assembled,  in  pursuance  of  said  act 
of  Assembly,  have  ordained  and  established -the  following  Constitution 
and  form  oi  government  for  this  State;  that  is  to  say:" 

The  foregoing  report  being  read,  the  question  of  concurrence  was 
thereon  had,  and  unanimously  adopted. 

Mr  Y/EusTiin,  from  the  committee  on  propositions  and  grievances,  to 
who  in  was  reicrreci  the  memorial  oi  Silas  George,  reported  that  they 
have  had  the  same  uiukr  consideration,  and  had  instructed  him  to  make 
the  following 

REPORT: 

"That,  in  their  opinion,  it  would  be  incompatible  with  the  duties  of 
this  Convention  to  act  upon  the  same;  and  that  Ihc  subject  therein  con- 
tained, would  be  more  tit  and  proper  for  the  General  Assembly. 

"Which is  respectfully  submitted. 

"JONATHAN  WEBSTER,  Chairman" 

The  foregoing  being  read,  the  question  of  concurrence  was  thereon 
had,  and  unanimously  adopted. 

On  morion  of  Mr  FULTON,  it  was  ordered,  that  he  be  excused  from 
serving  on  the  Committee  an  Senatorial  and  Representative  Districts. 
And  on  his  further  motion,  Mr  POHTEH  was  added  to  said  Committee. 

Mr  Fo(ii;  presented  tlr.-  account  of  James  Robinson,  which  being  read, 

Mr  John  A.  Me;  i  >ve:l  that  the  item  of  crape  be  stricken  out 

of  said  account;  and  thai  each  member  pay  his  proportion  thereof: 
Which  motion  prevailing,  said  account  was  referred  to  the  committee 
on  accounts. 

Mr  FOGG,  from  the  committee  on  accounts,  to  whom  was  referred 
the  accounts  of  John  Austin  and  Robert  I.  Maore,  reported,  that  they 

X 


306 

have  had  the  same  under  consideration,  that  they  think  them  reasonable, 
and  ought  to  be  allowed. 

Which  report  was  concurred  in. 

Mr  SMITH  moved  a  reconsideration  of  the  vote  on  striking  out  the  item 
of  crape  in  the  account  of  Jarncs  Robinson;  which  motion  prevailed. 
And  thereupon  the  question  was  had  on  striking  out,  and  determined  in 
the  negative.  The  said  account  Avas  then  referred  to  the  committee 
on  account?. 

On  motion  of  Mr  CAIIAL,  the  resolution  heretofore  submitted  by  him, 
requiring  the  several  newspapers  published  in  the  city  of  Nashville  to 
be  furnished  the  members  of  the  Convention  was  taken  up  and  read. 

Mr  CHILDRESS  moved  to  amend,  by  providing  that  the  said  papers  be 
chargeable  to  and  paid  for  by  the  individual  members  of  the  Conven- 
tion; which  motion  was  rejected. 

MrCAHAL  thereupon  modified  his  resolution,  at  the  suggestion  of  Mr 
Kincaid,  so  as  to  provide  that  one  copy  of  the  Banner  and  Whig  and  of 
the  Republican  be  furnished  the  members  of  the  Convention. 

Whereupon  Mr  GARRETT  moved  to  lay  the  said  resolution  on  the  table, 
until  the  first  day  of  January  next;  which  motion  was  rejected. 

The  question  was  thereupon  had,  on  the  adoption  of  said  resolution, 
as  amended,  and  determined  in  the  affirmative;  ayes  37,  noes  19. 

The  ayes  and  noes  being  demanded  by  Mr  CAHAL, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Blount,  Cannon.  Cabal,  Cobb?, 
Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrctt.  Hodges,  Huntsman, 
Humphreys,  Hess,  Kincannon,  Kincaid,  Kimbrough,  Ledhctter,  Lov- 
ing, Nelson,  Porter,  Purdy,  Roadman,  Richnidson,  Ridley,  Robertson, 
Senter,  Smith,  Sharp,  Whitson,  Walton,  White,  Webster  and  Weak- 
Icy;  37. 

The  negative  voters  arc, 

Messrs.  President  (Carter).  Bradshaw,  Burton,  Childress,  Gillespy, 
Gray,  Gordon,  Hill,  Kelly,  Kendall,  McClel'an,  Robert  J.  Mclvinney, 
John  A.  McK'mney,  McGaughcy,  Neil,  Stephenson,  Smarlt,  Scott  and 
Ury;  19. 

The  Convention  then  resumed  the  cons'deration  of  the  eighth  section 
of  the  eleventh  article. 


moved  a  reconsideration  of  the  vote  adopting  Mr  Can- 
non's amendment  in  lieu  of  the  original  eighth  section; 

And  the  question  thereon  being  had,  it  was  determined  in  the  affir- 
mative; ayes  39;  noes  15. 

The  ayes  and  noes  being  demmdecl  by  Mr  CANNON, 

The  affirmative  voters  arc, 

Messrs  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount,  Cabal,  Cobbs,  Cheatham,  Fulton,  Fogg,  Garrett,  Gillespy,  Gor- 
don, Hodges,  Hill,  Huntsman,  Humphreys,  Kincaid,  Kimbrough,  Led- 
bettcr,  McClellan,  Robert  J.  M  cKinncy,  John  A.  McKirmcy,  McGau- 
ghey,  Nelson,  Purdy,  iioadman,  Richardson,  Ridley,  Stephenson,  Sen- 
ter.  Smith,  Smartt,  Sharp,  Walton,  White,  Webster  and  Weaklcy;  39. 

The  negative  voters  are, 


307 


Messrs.  Armstrong,  Cannon,  Cross,  Douglass,  Gray,  Hess,  Kelly, 
Kendall,  Loving,  Neil,  Porter,  Robertson,  Scott,  Ury  and  Whitson;  15. 

On  motion  of  Mr  GARRETT,  the  said  eighth  section  was  ordered  to 
the  table. 

The  eleventh  section  was  read  and  adopted. 

The  first  and  second  sections  of  the  schedule  were  severally  read  and 
adopted. 

Mr  GARRETT  then  moved  that  the  eighth  section  of  the  eleventh  arti- 
cle be  taken  up;  which  motion  prevailing, 

Mr  JOHN  A.  McKiNNEY  submitted  the  following,  in  lieu  of  that  part 
thereof  after  the  words  "common  schools"  in  the  thirteenth  line,  to  the 
word  "commissioners"  in  the  fourteenth  line;  to  wit: 

"The  Secretary  of  State,  the  Attorney  General  and  the  Governor 
shall  ex  officio  be  a  board  of  commissioners." 

In  lieu  of  which  MI-LEDBETTEU  submitted  the  following;  to  wit: 

"And  it  shall  be  the  duty  of  the  General  Assembly  to  appoint  a  board 
of  commissioners,  for  such  term  of  time  as  they  may  think  proper,  who 
shall  have  the  general  superintendence  of  said  fund,  and  shall  report 
the  condition  of  the  same  from  time  to  time,  under  such  rules,  regula 
tions  and  restrictions  as  maybe  required  by  law." 

Which  amendment  was  received. 

Th«j  question  recurring  on  the  adoption  of  Mr  LEDBETTER'S  amend- 
ment, and  being  had,  said  amendment  was  adopted. 

The  question  was  then  had  on  Mr  CANNON'S  amendment,  in  lieu  of 
said  section,  and  determined  in  the  negative;  ayes  16,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs.  Armstrong, Cannon,  Cross,  Gray,  Kelly,  Loving,  Neil,  Ridley, 
Robertson,  Senter  and  Scott;  11. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cabal,  Cobbs, 
Chratham, Douglass,  Fulton,  Fogi;,  Garrett,  Gillespy,  Gordon,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kincannon,  Kincaid. Kendall,  Kim- 
brough,  Lcdbetter,  McClellan,  Robert  J.  McKinney,  John  A.McKin- 
ney,  Mabry,  McGaughey,  Nelson,  Porter,  Purdy,  Roadman, Richardson, 
Stephenson,  Smith,  Smart £,  Sharp,  Ury,  Whitson,  Walton,  White 
Webster  and  Weaklcy;  44. 

The  said  eighth  section,  as  amended,  was  read  and  fnlopted. 

Mr  ROADMAN  moved  to  take  up  the  resolution  submitted  by  him  on 
the  twenty  first  day  of  May,  proposing  to  submit  the  amended  constitu- 
tion to  the  free  voters  of  this  State  for  their  ratification  or  rejection; 
which  motion  prevailed,  and  said  resolution  was  taken  up  and  read. 

Mr  HUMPHREYS  moved  to  take  up  the  resolutions  submitted  by  Mr 
Montgomery  on  the  eighth  of  August  on  the  same  subject,  which  he 
offered  in  lieu  of  Mr  Roadman's:  which  motion  prevailing,  said  resolu- 
tions were  taken  up  and  read:  and  thereupon  the  question  was  had  and 
determined  in  the  negative. 

The  question  recurring  upon  the  adoption  of  Mr  Roadman's  resolu- 


308 

tion,  and  being   thereon  had,  was  determined  in  the   affirmative;  ajes 
55,  noes  2. 

The  ayes  and  noes  being  demanded  by  Mr  ROADJIAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Garrett,  Gillcspy,  Gray,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kincannon,  Kincaid,  Kendall,  Kim- 
brough,  Ledbetter,  Loving.  McClellan,  Ilobert  J.  McKinney,  John  A. 
McKinney,  McGaughcy,  Neil,  Nelson,  Porter.  Purdy,  Roadman,  Rich- 
ardson, Ridley,  Robertson,  Stephenson,  Senter,  Smith,  Srnartt,  Sharp, 
Scott,  Ury,  Wfcitsoa,  Walton,  White,  Webster  and  Wcaklcy;  55. 

The  negative  voters  are, 

Messrs.  Kelly  and  Mabry,  2. 

Mr  BURTON  submitted  the  following: 

Resolved,  That  a  committee  of  five  be  appointed  for  the  purpose  of 
reporting  the  most  suitable  manner  of  referring  the  amended  Constitu- 
tion to  the  people  for  their  ratification  or  rejection,  and  for  draughting 
ordinances  relative  to  the  same,  as  well  as  draughting  ordinances  rela- 
tive to  the  election  of  members  of  the  General  Assembly,  and  of  Gov- 
ernor of  the  State  under  the  amended  Constitution. 

On  motion  of  Mr  ROADMAN,  the  rule  requiring  resolutions  to  lie  one 
day  on  the  table  was  suspended. 

Mr  MABKY  moved  to  amend  said  resolution  by  adding  the  following 
thereto;  to  wit: 

"And  shall  also  fix  the  time  of  the  election  of  the  sheriffs  and  clerks 
that  are  to  be  elected  by  the  people." 

And  the  question  being  had  on  receiving  said  amendment,  it  was  de- 
termined in  the  negative;  ayes  5,  noes  51. 

The  ayes  and  noes  being  demanded  by  Mr.  MAIJHY, 

The  affirmative  voters  are, 

Messrs.  Blount,  Hodges,  Kincaid,  Mabry  and  Scott;  5. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Cannon,  Cahal,  Cobba.  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  HiH,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kincannon,  Kenda1!,  Kirnbrou; 
Clelian,  Robert  J.  McKinney, 
Nelion,  Porter,  Purdy,  R^adma 

phcnson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson,  Walton,  White, 
Webster  and  Weakley;  51. 

The  question  then  recurred  upon  the  adoption  of  said  resolution: 
when  the  same  was  adopted: 

And  thereupon  Ihtf  President  appointed  Messrs.  Burton,  Garrett,  Ro- 
bert J.  McKinney,  Loving  and  Hess  to  be  said  committee. 

Mr  COBBS  submitted  the  following;  to  wit: 

"Rssohed,  That  the  amendments  to  the  Constitution  be  submitted  to 
the  people  in  two  or  more  divisions,  so  that  they  may  be  enabled  (o 


•J   7       "-  }     ••  •  i*  i  i  LC I  *  i**l  J  •        -LA  VI JAJ  IS U  t  V  Jr  C ft 

ida1!,  Kimbrough,  Ledbetter,  Loving,  Mc- 
y,  John  A.  McKinney,  McGaughey,  Neil, 
nan,  Richardson,  Ridley,  Robertson,  Ste- 


309 

adopt  such  amendments  as  they  approve,  and  reject  such  as  they  disap- 
prove, and  that  (hey  may  not  be  compelled  to  adopt  all  or  none." 

"Rcsohed  further,  that  the  committee  enquire  into  the  best  mode  of 
division,  and  report  thereon." 

And  the  rule  being  suspended,  said  resolution  was  rejected. 

Mr  HUNTSMAN  submitted  the  following;  to  wit: 

UR<  solved.  That  thousand  copies  of  the  new  and  old  constitu- 

tions l)e  printed  under  the  direction  of  the  Secretary  of  .State,  and  that 
he  cause  them  to  be  distributed  in  the  respective  counties  of  this  State, 
in  proportion  to  the  population  thereof,  at  as  early  a  day  as  possible; 
and  that  he  be  authorized  to  draw  on  either  of  the  Treasurers  for  such 
sums  of  money  as  may  be  necessary  to  carry  this  ordinance  into  effect." 

On  motion  of  Mr  BLOUKT,  the  fourteenth  section  of  the  second  arti- 
cle was  taken  up  and  read;  whereupon  he  offered  the  following  as  an 
amendment  thereto;  to  wit: 

"And  jointly,  as  the  State  Legislature,  shall  have  full  power  to  make 
and  establish  all  reasonable  laws  and  regulations,  for  the  benefit  and 
defence  of  the  people  of  this  Stele,  not  repugnant  to  this  Constitution 
nor  to  that  of  the  United  States." 

Which  proposed  amendment  was  rejected. 

On  motion  of  Mr  SENTER,  the  resolution  submitted  by  Mr  Greene  on 
the  eleventh  of  June,  providing  that  the  citizens  soulh  of  Hiwnssee  and 
Big  Tennessee  rivers  within  the  counties  of  Marion,  Hamilton,  Rhea 
and  Me  Minn  |  be  entitled  to  the  right  of  pre-emption  and  occupancy, 
was  taken  up  and  read;  and  thereupon  the  question  was  had,  "will  the 
Convention  adopt  said  resolution?1'  which  was  determined  in  the  nega- 
tiv;  ayes  15,  noes  40. 

The  ayes  and  noes  being  demanded  by  Mr  SENTER, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Alexander,  Blount,  Cross,  Hill,  Humphreys,  Kel- 
ly, Kimbrough,  Neil,  Purely,  Ridley,  Senter,  Smarlt,  Sharp  and  Wal- 
ton; 15. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw.  Burton,  Cannon,  Cabal, 
Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gray,  Gordon, 
Hodges,  Huntsman,  Hess,  Kincannon,  Kincaid,  Kendall,  Ledbetter,  Lev- 
ing,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,Mc- 
Gaughey,  Nelson,  Porter,  Roadman,  Richardson,  Robertson,  Stephen- 
son,  Smith,  Scott,  Ury,  Whitson,  White,  Webster  and  Weakley;  40. 

On  motion  of  Mr  JOHN  A.  McKiNNEY,  the  resolutions  submitted  by 
him  on  Friday  last,  proposing  an  adjournment,  after  the  second  reading 
of  the  Constitution  and  providing  for  the  mode  in  which  the  amended 
Constitution,  shall  be  submitted  to  the  people  for  their  ratification  or  re- 
jection; was  taken  up  and  read. 

Mr  CANNON  moved  to  amend  said  resolution  by  striking  out  "second" 
and  inserting  "third",  which  was  accepted  by  Mr  JOHN  A.  McKiNNEv; 
and  thereupon  the  question  was  had,  "will  the  Convention  adopt  said 
resolution  as  amended?"  and  determined  in  the  negative;  ayes  8,  noes 
47. 


310 

The  ayes  and  noes  being  demanded  by  Mr  HODGES, 

The  affirmative  voters  are, 

Messrs.  Cannon,  Cahal,  Cobbs,  Kendall,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry  and  Ury;  8. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  "Bradshaw, 
Burton,  Blount,  Chcatham,  Cross,  Douglass,  Fnlton,  Fogg,  Garrett,  Gray, 
Gordon,  Hodges,  Hill,  Huntsman.  Humphreys,  Hess,  Kelly,  Kincannon, 
Kincaid,  Kimbrough,Ledbettcr,  Loving, McClel Ian,  McGatighej,  Neil, 
Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Stc- 
phenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  Walton,  White, 
Webster  and  Weakley;  47. 

And  then  the  Convention  adjourned. 

WEDNESDAY,  August  20, 1834. 

|!  The  Convention  met  according  to  adjournment,  and  was  opened  with 

prayer,  by  the  Rev.  Mr.  EDGAR,  of  the  Presbyterian  Church. 

The  business  of  the  morning  being  through,  the  Convention,  on  mo- 
tion of  Mr  STEPHENSON,  proceeded  to  the  consideration  of  the  twenty- 
fourth  section  of  the  second  article  of  the  amended  Constitution. 

Mr  STEPHENSON  moved  to  fill  the  blank  in  said  section  with  the  words 
"three  dollars." 

In  lieu  of  which,  Mr  NEIL  proposed  the  following;  to  wit: 

"The  compensation  of  the  members  of  the  General  Assembly  shall 
never  exceed  three  dollars  per  day,  and  three  dollars  for  every  twenty- 
five  miles  travelling  to  and  from  the  seat  of  government." 

On  motion  of  Mr  HUNTSMAN,  the  said  twenty-fourth  section,  together 
with  the  foregoing  amendments,  were  ordered  to  the  table." 

Mr  HUNTSMAN  thereupon  submitted  the  following;  to  wit: 

"Resolved,  That  the  members  of  this  Convention  shall  receive  the 
sum  of  four  dollars  per  day  for  their  compensation,  and  the  sum  of  four 
dollars  for  every  thirty  miles  they  may  travel  in  going  to  and  returning 
from  the  place  of  assembling,  except  the  President,  who  shall  receive 
five  dollars  per  day." 

The  rule  requiring  resolutions  to  be  laid  for  one  day  on  the  table  be- 
ing suspended, 

Mr  JOHN  A.  McKiNNEY  moved  to  amend  said  proposition  by  provid- 
ing that  the  members  receive  three  dollars  per  day. 

Thereupon  Mr  HUNTSMAN  withdrew  his  proposition,  and  submit- 
ted the  following;  to  wit: 

t; Whereas,  it  is  incumbent  upon  the  members  of  this  Convention  to 
settle  their  own  compensation,  and  for  the  purpose  of  affording  each 
member  an  opportunity  of  manifesting  his  patriotism  and  disinterested- 
ness, and  having  the  same  spread  upon  the  Journal. 

4;  Resolved,  That  each  mem  her  of  this  Convention  shall  receive  what- 
ever sum  he  shall  vote  for,  both  for  his  per  diem  allowance,  and  for  his 
travelling  expenses,  provided  the  amount  shall  not  exceed  four  dollars 
per  day  and  four  dollars  for  every  miles  he  shall  travel  in  coming 


311 


t~>  and  returning  from  the  scat  of  government;  the  President  and  the 
Chairman  of  the  Committee  of  the  Whole  cxceptcd,  who  shall  not  re- 
ceive exceeding  five  dollars  a  day  for  their  compensation." 

Mr  ROADMAN  moved  to  fill  the  blank  with  "ihirty" ;  which  was  re- 
jected. 

Mr  GARRF.TT  moved  to  fill  the  blank  with  "twenty-five"  :  which 
motion  prevailed. 

Mr  CANNON  moved  to  strike  out  from  said  resolutions  so'  much 
thereof  as  provides  that  the  Chairman  of  the  Committee  of  the  "Whole 
shall  receive  five  dollars  per  day:  which  motion  \vas  rejected. 

Mr  CANNON  thereupon  proposed  the  following  in  lieu  of  Mr  Hunts- 
man's proposition ;  to  wit : 

"Rteolved,  That  the  compensation  of  the  members  of  this  Conven- 
tion shall  be  four  dollars  per  d  ty,  and  at  the  rate  of  four  dollars  for  eve- 
ry twenty-five  miles  travelling  to  and  from  the  seat  of  government,  ex- 
cept the  President,  of  the  Convention  who  shall  receive  five  dollars 
per  day  and  the  same  travelling  allowances  as  other  members." 

Mr  BURTON  moved  to  lay  said  proposition  on  the  table;  which  motion 
prevailed. 

Mr  WEAKLEY  moved  to  lay  the  proposition  of  Mr  Huntsman  on  the 
table,  uniil  the  first  day  of  January  next :  and  the  question  being  had 
thereon,  it  was  determined  in  the  affirmative;  ayes  31,  noes  24. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,«  Blount, 
Cannon,  Douglass.  Fogg,  Cray,  Gordon,  Hodges,  Humphreys,  Hess, 
Kelly,  Kincannon,Kincaid,  Kendall,  Kimbrough,  Ledbcttcr,  McCleilan, 
Neil,  Porter,  Roadman,  Ridley,  Stcphenson,  Smartt,  Scott,  Whitson, 
Walton,  White  and  Wcakley;  31. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Chiidress,Cobbs,  Chcatham.  Fulton,  Gar- 
retr,  Gillespy,  Hill,  Huntsman,  Loving,  Robert  J.  McKinney,  John  A. 
McKinney,  McGaughey,  Marr,  Nelson,  Purdy,  Richardson,  Robertson, 
Senter,  Smith,  Sharp,  Ury  and  Webster;  24. 

On  motion  of  Mr  CANNON,  his  resolution  was  taken  up  and  read: 

Whereupon  Mr  JOHN  A.  McKiNNEY  moved  to  strike  out  the  word 
"four7',  for  the  purpose  of  inserting  "three":  and  thereupon  the  question 
was  had.  and  determined  in  the  negative;  ayes  11,  noes  45. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Hodges,  McClcllan,  Robert  J.  McKin- 
ney. John  A.  McKinney,  McGaughey,  Neil,  Stcphenson,  Smith  and 
Walton  11. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Can- 
non, Childress,  Cobbs,  Cheatbam,  Cross,  Douglass,  Fulton,  Fogg,  Gar- 
rett.  Gillespy,  Gray,  Gordon,  Kill,  Huntsman,  Humphreys,  IIcss,  Kelly, 
Kincannon,  Kincaid,  Kendall,  Kimbrough,  Lcdbctter,  Loving,  Marr, 


312 

Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  Scn- 
tcr,  Smart!,  Sliarp,  Scclt,  Uiy,  Whiteon,  White,  Webster  and  Weak- 
Icy;  45. 

Mr  DOUGLASS  moved  further  to  amend  said  resolution,  by  providing, 
that  the  Chairman  of  the  Committee  of  the  Whole  be  allowed  the  sum 
of  five  dollars  per  day,  for  the  sixty  days  he  presided  as  such:  which 
motion  prevailed. 

The  question  was  thereupon  had  on  the  adoption  of  said  resolution 
as  amended,  and  determined  in  the  affirmative. 

On  motion  of  Mr  GRAY,  the  first  article  of  the  Constitution  was  ta- 
ken up  on  its  third  reading;  and  being  read, 

Mr  WHITE  moved  to  amend  the  nineteenth  section  thereof,  by  insert- 
ing the  word  "criminal"  after  the  word  "either"  in  the  ninth  line:  which 
motion  prevailed. 

On  motion  of  Mr  HUMPHREYS,  the  report  of  the  Committee,  who 
were  appointed  to  draft  a  preamble  for  the  amended  Constitution,  was 
recommitted  to  said  Committee. 

Mr  GRAY  proposed  the  following  amendment  to  the  fourteenth  sec- 
tion of  the  first  article  ;  to  wit : 

"Except  in  petit  misdemeanors  which  arc  punishable  by  fine  only, 
when  the  fine  shall  not  exceed  ten  dollars. 

Which  proposed  amendment  was  rejected. 

Mr  ALLEN  moved  to  strike  out  the  twenty-ninth  section  of  said  first 
article  : 

Which  motion  was  rejected. 

The  said  first  article  was  thereupon  adopted  as  amended. 

On  motion  of  Mr  HUNTSMAN,  the  resolution  submitted  by  him  on 
yesterday,  in  relation  to  printing  and  distributing  the  old  and  the  a- 
mended  Constitution,  was  taken  up  and  read  . 

Mr  HESS  moved  to  strike  out  the  words  "and  the  old  Constitu- 
tion'^: which  motion  prevailed. 

Mr  HUNTSMAN  moved  to  fill  the  blank  with  the  words  "ten  thou- 
sand copies"  :  which  motion  also  prevailed. 

Mr  JOHN  A.  McKiNNEY  moved  a  re-consideration  of  the  vote  filling 
the  blank  with  "ten  thousand  copies"  :  which  motion  was  rejected. 

Mr  MARK  proposed  the  following  amendment  to  said  resolution,  to 
wit : 

"And  that  one  copy  of  so  much  of  the  old  Constitution  as  is  con- 
tained in  the  first  ten  articles  thereof  be  annexed  to  each  copy  of  the 
Constitution  hereby  ordered  to  be  printed." 

Which  proposition  was  rejected. 

The  question  recurring  upon  the  adopting  of  said  resolution,  and 
being  thereon  had,  it  was  adopted. 

Mr  CHEATHAM  moved  to  taka  up  a  resolution  submitted  by  him  on 
the  twenty-eighth  of  May,  on  the  subject  of  locating  the  seat  of  gov- 
ernment, which  motion  prevailing,  said  resolution  was  accordingly  ta- 
ken up  and  read : 

In  lieu  of  which  Mr  CHEATHAM  offered  the  following,  to  wit: 


313 

"Resolved,  That  the  scat  of  government  shall  be  permanently  lo- 
cated in  the  town  of  provided,  however,  should  it  be 
deemed  expedient,  the  Legislature,  two-thirds  of  the  members  con- 
curring therein,  shall  have  power  to  remove  the  same." 

In  lieu  of  which  Mr  CANNON  called  up  and  offered  the  following  res- 
olution submitted  by  him  on  the  thirteenth  day  of  May,  to  wit: 

"Resolved,  That  it  is  expedient,  and  the  public  interest  of  the  State 
requires  this  Convention  to  fix  upon  and  to  establish  permanently  the 
seat  of  government:" 

Mr  DOUGLASS  moved  to  fill  the  blank  in  Mr  CheatJiarrTs  resolution 
with  the  words  ain  the  City  of  Nashville." 

But  before  the  question  was  had  thereon, 

The  Convention  adjourned. 

TUESDAY,  August  21,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer  by  the  Rev.  Mr  EDGAR  of  the  Presbyterian  church. 

Mr  LOVING,  from  the  committee  appointed  to  draft  a  suitable  pre- 
amble to  the  amended  Constitution,  to  whom  the  preamble  reported 
by  them  was  re  committed  on  yesterday  morning,  reported,  that  the 
committee  have  again  had  the  same  under  consideration  and  had  in- 
structed him  to  recommend  the  lollowing  amendments  thereto,  to  wit  : 
strike  out  the  words  'altering  the  present  or  forming  a  new"  and  in 
lieu  insert  the  words 'or  changing  the  Constitution' :  and  add  the  fol- 
lowing, "which  we  recommend  to  the  people  of  Tennessee  for  their 
ratification." 

The  said  report  was  concurred  in. 

Mr  BUTTON,  from  the  committee  to  whom  was  referred  the  resolu- 
tion directing  an  inquiry  as  to  the  most  convenient  plan  of  submitting 
tho  amended  Constitution  of  the  State  of  Tennessee  to  the  vote  of 
the  people  for  their  approval  or  rejection,  and  further  to  provide  for 
the  election  of  Governor  and  members  of  the  General  Assembly,  if 
said  Constitution  shall  be  adopted: — have  had  the  subject  under  con- 
sideration, and  beg  leave  to  report  the  subjoined  ordinance,  which  they 
ask  the  adoption  of,  and  that  the  same  be  incorporated  as  a  schedule 
to  the  amended  Constitution. 

I.  Ordered,  That  it  shall  be  the  duty  of  the  several  Sheriffs,  and 
in  ca«e  of  their  death,  resignation  or  removal,  then  of  the  several 
coroners,  in  each  county  in  this  State,  to  open  and  hold  an  election  at 
the  usual  places  of  holding  elections  for  members  to  the  General  As- 
sembly in  their  respective  counties,  on  the  first  Thursday  and  Friday 
in  April  one  thousand  eight  hundred  and  thirty-five,  for  the  purpose 
of  receiving  the  votes  of  such  qualified  voters  as  may  desire  to  vote 
for  the  adoption  or  rejection  of  this  amended  Constitution : — provided , 
that  no  person  shall  be  deemed  a  qualified  voter  in  said  election,  ex- 
cept such  as  are  included  within  the  provisions  of  the  first  section  of 
the  third  article  of  this  amended  Constitution. 


314 

II.  Ordered,  That  it  shall  be  the  duty  of  said  returning  officers  in 
each  county  in  this   State  to  prepare  poll  books,  the    said  poll  books 
shall   be  hea  led  "The  Constitution   as  Amended,"  and  shall  contain 
two   separate  columns,  the  first  column  shall  be  headed  "For  Ratify- 
ing," and  the  second  "For  Rejecting."    Said  poll  books  shall  be  open- 
ed on  the  said  days  of  election,  in  which  shall  be  enrolled  the  name  of 
every  voter  by  the  assistance  of  clerks  who  shall  be   sworn  as  clerks 
in  other  elections.     Said  sheriffs  shall  prepare  a  ballot  box  in  which 
shall  be  placed  the  ticket  of  each  voter  :     Each  ticket  shall  have  writ- 
ten thereon  the  words  Cil  ratify  the  Amended  Constitution,"  or,  if  the 
voter  is  opposed  to  it,  "I  reject  the   Amended  Constitution" ;  or  the 
words  "Ratification"'  or  "Rejection,"  or  some  such  words  as  will  dis- 
tinctly convey  the  intention  of  the  voter.     The  Justices  of  the  sever- 
al county  courts  at  some  term  previous  to  the  day  of  said  election  shall 
appoint  three  inspectors  for  each  precinct,  and  in  case  of  the  failure  of 
the  courts  to  appoint  inspectors,  then  said  sheriffs  shall  appoint  them. 
It  shall  be  the  duty  of  said  returning  officers  in  presence  of  said  in- 
spectors to  count  the  votes  given  for  the  ratification  or  rejection  of 
the  Constitution,  of  which  they  shall  keep  a  true  and  correct  estimate 
in  said  poll  book.     Said  returning  officer  shall  deposit  the  original  poll 
books  of  said  election  with  the  clerk  of  the  county  court  in  their  re- 
spective counties  and  shall  within  five  days  after  said  election  make 
out  triplicate  statements  of  the   number  of  votes  in  their  respective 
counties  for  ratifying  or  rejecting  the  Constitution,  and  shall  forward 
by  mail  one  of  said  certificates  to  the  Governor,  one  to  the  Secretary 
of  State,  and  shall  likewise  deposite    one  with  the  clerk  of  the  coun- 
ty court.     It  shall  be  the  duty  of  said  several  clerks,  carefully  to  ex- 
amine the  said  poll  books  and  forthwith  to  certify  to  the  Secretary  of 
State  a  full,  true  and   perfect  estimate  of  the  number  of  votes  taken 
for  and  against  the  Constitution  as  appears  from  the  poll  books,  filed 
in  his  office. 

III.  Ordered,  That  upon  the  receipt  of  the  said  returns  it   shall  be 
the   duty   of  the  Governor,  Secretary  of  State  and  any  one  of  the 
Judges  of  the  Supreme  court,  or  any  two  of  said   named   persons,  to 
compare  the  votes  given  in  said  election  for  the  ratification  and  rejec- 
tion of  the  amended  Constitution,  and  if  it  shall  appear  from  said  re- 
turns that  a  majority  of  all  the  votes  given  in  said  election  is  for  ratify- 
ing the  amended  Constitution,  then  it  shall  be  the  duty  of  the  Gov- 
ernor forthwith  to  make  Proclamation  of  that   fact,  and   thenceforth 
this   amended  Constitution    shall  be  ordained  and    established  as  the 
Constitution  of  the  State  of  Tennessee.     It  shall  moreover  be  the  du- 
ty of  the  Governor  in  and  by  said  Proclamation  to  command  the  sher- 
iffs and  other  officers  directed  by  law  to  hold  and  superintend  elections, 
to  open  the  polls  of  election  at  the   usual  places  of  holding  elections, 
for  Members  of  the  General  Assembly  in  their  respective  counties  on 
the  first  Thursday  in  August,  one  thousand    eight  hundred  and  thirty- 
five,  for  the  purpose   of  electing  a   Governor  and  for  the  election  of 
Senators  and  Representatives  to  the  General  Assembly  of  this  State 


315 


from  the  several  districts  and  counties,  as  mentioned  and  described  in 
this  amended  Constitution,  and  that  the  said  officers  make  returns  of 
said  elections  under  the  same  rules  and  regulations  as  are  now  requir- 
ed by  the  existing  laws. 

IV.  Be  it  further  ordered,  That  if  any  sheriff  or  other  officer  shall 
fail,  faithfully  and  within  the  time  prescribed  by  this  ordinance,  to  dis- 
charge any  of  the  duties  hereby  required,  such  sheriff  or  other  officer 
so  failing  as  aforesaid,  shall  forfeit  and  pay  the  sum  of  five  thousand 
dollars,  to  be  recovered  by  action  of  debt  in  any  of  the  courts  of  re- 
cord in  this  State :  to  be  sued  for  in  the  name  of  the  Governor  for  the 
use  and  benefit  of  Common  Schools. 

All  of  which  is  respectfully  submitted. 

ROBERT  M.  BURTON,  Chairman. 

The  foregoing  report  was   ordered  to  the  table*. 

Mr  HESS  moved  a  reconsideration  of  the  vote  taken  on  yesterday 
upon  the  adoption  of  the  resolution  authorizing  the  printing  of  ten 
thousand  copies  of  the  amended  Constitution  : 

Which  motion  prevailed. 

Mr  KINCAID  moved  a  reconsideration  of  the  vote  taken  \esterday 
on  striking  out  from  Mr  HUNTSMAN'S  resolution  the  words  "and  the 
old  Constitution."  : 

Which  motion  also  prevailed. 

Mr  HUNTSMAN  moved  to  amend  said  resolution,  by  providing  that  fif- 
teen thousand  copies  of  the  old,  and  fifteen  thousand  copies  of  the 
amended  Constitution,  be  printed  for  distribution. 

Mr  STEPHENSOX  moved  a  division  of  the  question. 

Which  motion  v>ras  lost. 

The  question  was  then  had  on  Mr  HUNTSMAN'S  motion,  and  deter- 
mined in  the  affirmative;  ayes  30,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Blount,  Cabal,  Cobbs,  Cheat- 
ham,  Fogg,  Garrett,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess, 
Kincaid,  Kendall,  Loving,  Robert  J.  McKinney,  John  A.  McKinney, 
McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Purdy,  Smith,  Ury, 
Whitson,  Walton  and  Weakley;  30. 

The  negative  voters  nrc, 

Messrs.  Allen,  Bradshaw,  Burton,  Cannon,  Childrcss,  Douglass,  Ful- 
ton, Gillcsp}',  Hodges,  Kelly,  Kincannon,  Kimbrough,  Led  better,  Mc- 
Clellan,  Porter,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson, 
Senter,  Smart t,  Sharp,  Scott,  White  and  Webster;  26. 

Mr  SMAIITT  proposed  the  following  amendment  to  said  resolution;  to 
Wit: 

"And  it  shall  be  the  duty  of  the  clerks  of  the  several  county  courts, 
to  distribute  them  to  each  captain's  company,  according  to  the  number 
of  qualified  voters  in  each." 

Which  amendment  was  received,  and  said  resolution,  as  amended, 
was  adopted. 


316 

Mr.  HUMPHREYS  submitted  the  following  : 

" Resolved ,That  a  committee  of  three  be  appointed  to  inquire  into 
the  best  mode  of  distributing  the  copies  of  the  Constitution  and  Jour- 
nals of  the  Convention,  and  the  number  of  copies  each  county  is  enti- 
tled to  under  the  order  of  this  Convention." 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table  being 
suspended,  said  resolution  was  adopted. 

Whereupon  the  President  appointed  Messrs.  Humphreys,  Douglass 
and  Kimbrough  to  be  of  said  Committee. 

Mr.  HUNTSMAN,  from  the  committee  to  whom  was  assigned  the  duty 
of  correcting  the  phraseology  of  the  amended  constitution,  reported, 
that  the  committee  had  carefully  examined  the  different  sections  of  the 
second,  third,  fourth  and  fifth  articles  of  that  instrument,  and  had  in- 
structed him  to  recommend  sundry  amendments  and  erasures  : 

All  of  which  amendments  and  erasures  were  severally  read,  and, 
with  some  slight  alterations,  concurred  with. 

Ordered,  That  sixty-five  copies  of  the  second,  third,  fourth  and 
fifth  articles,  as  amended,  be  printed,  for  the  use  of  the  Convention. 

And  then  the  Convention  adjourned. 

FRIDAY,  August  22,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr.  McGAUGHEY  presented  the  memorial  of  sundry  citizens  of 
Monroe  county,  on  the  subject  of  a  new  county, 

Which  was  ordered  to  the  table. 

Mr.  HUNTSMAN,  from  the  committee  to  whom  was  assigned  the  duty 
of  correcting  the  phraseology  of  the  amended  Constitution,  reported, 
that  the  committee  had  completed  a  careful  examination  of  that  in- 
strument, and  in  addition  to  the  report  made  yesterday,  had  instructed 
him  to  recommend  sundry  amendments  and  erasures  to  the  sixth,  se- 
venth, eighth,  ninth,  tenth  and  eleventh  articles,  and  to  the  Schedule 
annexed  to  the  said  amended  Constitution. 

All  of  which  amendments  and  erasures  were  severally  read  and  con- 
curred with. 

On  motion  of  Mr.  HUNTSMAN, 

Ordered,  That  sixty-five  copies  of  the  sixth,  seventh,  eighth,  ninth, 
tenth  and  eleventh  articles  of  the  amended  Constitution,  and  the  Sche- 
dule thereto  annexed,  be  printed  for  the  use  of  the  members  of  the 
Convention. 

Mr.  CANNON  moved  that  the  Constitution  be  now  taken  up,  on  its 
third  reading ; 

Which  motion  prevailing, 

The  first,  second  and  third  sections  of  the  second  article  were  read 
and  adopted. 

The  fourth  section  being  read, 


317 

Mr.  PURDY  offered  the  following,  in  lieu  of  said  section  ;  to  wit : 

"The  first  enumeration  of  the  qualified  voters  of  this  State  shall 
be  taken  within  six  months  preceding  the  second  regular  session  of  the 
General  Assembly,  at  which  time  an  apportionment  of  representatives 
in  the  subsequent  General  Assembly  shall  be  made  ;  the  second  enu- 
meration and  apportionment  shall  be  made  in  the  year  one  thousand 
eight  hundred  and  forty-two,  and  within  every  subsequent  term  of  ten 
years :" 

Which  proposed  amendment  was  rejected. 

Said  fourth  section  as  read  was  then  adopted. 

The  fifth  section  having  been  read, 

Mr.  GARRETT  moved  to  strike  out  from  the  fourth  line  thereof,  the 
words  "and  an  half": 

And  the  question  being  had  thereon  it  was  determined  in  the  nega- 
tive ;  ayes  15,  noes  43. 

The  ayes  and  noes  on  said  question  being  demanded  by  Mr.  LEDBET- 
TER, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Cahal,  Cobbs,  Fulton,  Fogg,  Garrett, 
Huntsman,  Hess,  Kincaid,  Loving,  Montgomery,  Marr,  Porter,  Scott 
and  Webster;  15. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Bloimt,  Cannon, 
Cbildress,  Cheatham.  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges, 
Hill,  Humphreys,  Kelly,  Kincannon,  Kendall,  Kimbrough,  Ledbetter, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinncy,  Mabry,  Mc- 
Gaughey,  Neil,  Nelson,  Purdy,  Roadman,  Richardson,  Ridley,  Ro- 
bertson, Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson, 
Walton,  White  and  Weakley ;  43. 

And  so  the  Convention  refused  to  strike  out. 

Mr.  ALLEN  moved  to  strike  out  of  said  section  the  words  "provided 
that  any  county  having  two  thirds  of  the  ratio  shall  be  entitled  to  one 
member"; 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  18,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr.  ALLEN, 

The  affirmative  voters  are, 

Messrs.  Alien,  Burton,  Cannon,  Childress,  Douglass,  Fulton,  Fogg, 
Gillespy,  Kincannon,  Ledbetter,  McClellan,  Porter,  Richardson,  Rid- 
ley, Stephenscn,  Ury,  White  and  Weakley  ;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  CaM, Cobbs,  Cheatham, Cross,  Garrett,  Gray,Gordon,Hod<res, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kim- 
brough, Loving,  Robert  J.  McKinney,  John  A.  McKinncy,  Mabry, 
McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Purdy,  Roadman,  Ro- 
bertson, Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  Walton  and 
Webster;  41. 


318 

And  so  the  Convention  refused  to  strike  out. 

Mr.  COBBS  offered  the  following  as  an  amendment  to  said  section  ;  to 
wit  : 

"As  far  as  the  fractional  excess  of  larger  counties  will  raise  them, 
or  the  next  populous  of  them,  to  the  ratio  entitled  to  a  representative." 

Which  was  rejected. 

Mr.  FULTON  offered  the  following  amendment  to  said  section;  to  wit : 

"Unless  counties  having  twice  the  ratio  be  thereby  deprived  of  two 
members"; 

To  which  Mr.  KINCAID  offered  the  following  as  an  amendment ;  to 
wit  : 

"If  such  large  county  or  counties  have  an  excess  above  the  ratio  that 
would  give  two,  equal  to  the  one-third  intended  to  be  yielded  to  a 
small  county." 

Whereupon,  on  motion  of  Mr.  HUNTSMAN,  the  said  fifth  section,  and 
the  several  amendments  thereto  proposed,  were  laid  on  the  table. 

On  motion  of  Mr.  GRAY,  the  sixth  section  was  also  laid  on  the  table. 

The  seventh  section  was  then  read. 

Mr.  BURTON  moved  to  strike  out  from  the  second  line  thereof  the 
word  c;next"  and  insert  "one  thousand  eight  hundred  and  thirty-five." 

Which  motion  prevailed. 

The  said  seventh  section  as  amended,  was  then  adopted. 

The  eighth  section  having  been  read,  Mr.  ROBERT  J.  McKiNNEY 
moved  to  take  up  the  proposition  heretofore  submitted  by  him,  pro- 
viding that  the  sessions  of  the  Legislature  shall  be  limited,  after  the 
year  one  thousand  eight  hundred  and  thirty-eight :  and  thereupon  the 
question  being  had,  it  was  determined  in  the  negative;  ayes  24,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr.  CAHAL, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Bradshaw,  Blount,  Childress,  Garrett, 
Hill,  Kimbrough,  McCiellan,  Robert  J.  McKinney,  John  A.  McKin- 
ney,  Mabry,  McGaughey,  Montgomery,  Neil,  Nelson,  Roadman,  Rid- 
ley, Robertson,  Stephenson,  Ssnter,  Smith,  Smartt,  Whitsonand  Weak- 
ley  ;  24. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Burton,  Cannon,  Cabal, 
Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gillespy,  Gray, 
Gordon,  Hodges,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon, 
Kincud,  Kendall,  Ledbetter,  Loving,  Marr,  Porter,  Purdy,  Richard- 
son, Sharp,  Scott,  Ury,  Walton,  White  and  Webster  ;  35. 

And  so  the  Convention  refused  to  take  up  said  proposition. 

The  said  eighth  section  was  then  adopted. 

Mr.  KINCAID  moved  a  reconsideration  of  the  vote  adopting  the  se- 
venth section  ;  which  motion  prevailed  :  and 

The  seventh  section  having  been  read, 

Mr.  CANNON  moved  to  strike  out  of  said  section  the  words  "and 
shall  terminate  the  same  day." 

Which  motion  failed. 


319 

Mr.  WHITE  moved  to  strike  out  of  the  last  line  of  said  section,  the 
word  "and";  and  to  insert  the  words  "said  elections." 

Which  motion  prevailed  ;  and 

The  said  seventh  section,  as  amended,  was  then  adopted. 

On  motion  of  Mr  HUNTSMAN,  the  fifth  and  sixth  sections  were  again 
taken  up  \  and 

The  fifth  section,  together  with  the  proposed  amendments  thereto, 
being  read ; 

The  question  was  had  on  receiving  Mr  Kincaid's  amendment,  and 
it  was  rejected. 

The  question  recurring  upon  the  adoption  of  Mr  Fulton's  amend- 
ment ;  and  being  had,  it  was  determined  in  the  negative ;  ayes  23, 
noes  31. 

The  ayes  and  noes  being  demanded  by  Mr.  FULTON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Cabal,  Cobbs,  Douglass, 
Fulton,  Fogg,  Gillespy,  Gordon,  Kimb rough,  Ledbetter,  McClellan, 
Porter,  Richardson,  Ridley,  Stephenson,  Ury,  Walton,  White,  Web- 
ster and  Wcakley;  33. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cheatham,  Garrett,  Gray,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kendall,  Loving,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson, 
Purdy,  Roadman,  Senter,  Smith,  Smartt,  Sharp  and  Whitson;  31. 

And  so  said  proposed  amendment  was  rejected. 

Mr  SH\RP  proposed  the  following  amendment  to  the  said  fifth  sec- 
tion; to  wit: 

"Provided  no  county  in  this  Slate  sh  ill  have  more  than  two  Represen- 
tatives and  one  Senator."' 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  22,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  SHARP, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Garrett,  Gray,  Gordon, 
Hodges,  KHly,  Kendall,  John  A.  McKinney,  Mahry,  McGaughey, 
Montgomery,  Marr,  Neil,  Nelson,  Roadman,  Robertson,  Stcphcnson, 
Senter,  Smith,  Smartt  and  Sharp;  22. 

The  negative  voters  arc, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress, Cahal,  Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg,  Gillespy,  Hill, 
Huntsman,  Humphreys,  Hess,  Kincaid,  Kimbrough,  Lcdbcllcr,  Loving, 
McClellan,  Robert  J.  Mclvianey,  Porter,  Purdy,  Richardson,  Ridle}, 
Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  34. 

And  so  said  proposition  was  rejected. 

Mr  CHILDUESS  moved  to  amend  said  section,  by  striking  out  "shall" 
from  the  last  line  thereof,  for  the  purpose  of  inserting  "may1 

Which  motion  was  rejected. 


r". 


320 

Mr  CAIIA.L  moved  n,  reconsideration  of  the  vote  on  striking  out  the 
proviso  in  said  section. 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  21,  noes  36. 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  affirmative  voters  nre, 

Messrs. Allen,  Burton,  Cannon,  Childress,  Cahal,  Douglass,  Fulton, 
Fogg,  Gillespy,  Humphreys,  Ledbetter,  McClellan,  Porter,  Richard- 
son, Ridley,  Stephenson,  Ury,  Walton,  White,  Webster  and  Weak- 
ley;  21. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cobbs,  Cheatham,  Cross,  Garrett,  Gray,  Gordon,  Hodges, 
Hill,  Huntsman,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Loving, 
Ro-bert  J.  M'Kinney,  John  A.  M'Kinney,  Mabry,  McGaughey,  Mont- 
gomery, Marr,  Neil,  Nelson,  Purdy,  Roadman,  Robertson,  Scnter, 
Smith,  Smartfc,  Sharp  and  Whitson;  35. 

And  so  the  Convention  refused  to  reconsider.  ^ 

Mr  HUNTSMAN  moved  to  strike  out  the  word  <:five"  after  the  word 
"seventy"  in  the  third  line;  and  insert  the  word  "six": 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive; ayes  23,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr  FTLTON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Blount,  Cannon,  Cahal, 
Cheatham,  Fogg,  Garrett,  Gray,  Gordon,  Hodges,  Hill,  Huntsman, 
Hess,  Kendall,  Montgomery,  Marr,  Nelson,  Roadman,  Robertson, 
Senter,  Smith  and  Smartt;  23. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Childress,  Cobbs, 
Cross,  Douglasj,  Fulton,  Gillespy,  Humphreys,  Kelly,  Kincaid,  Kim- 
brough, Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Neil,  Porter,  Purdy,  Richardson, 
Ridley,  Stephen- on,  Sharp,  Ury,  Whitson,  Walton,  White,  Webster 
and  Weakley ;  34. 

And  so  said  motion  was  lost. 

Mr  PORTSH,  moved  a  reconsideration  of  the  vote  rejecting  the  amen  J- 
ment  of  Mr  COBBS  to  said  section;  and  the  question  being  had  thereon, 
said  motion  was  lost. 

Mr  FULTON  moved  a  reconsideration  of  ilrj  vote  rejecting  the  amend- 
ment ol'  Mr  KINCAID;  and  thereupon  the  question  was  had  and  deter- 
mined in  the  negative;  ayes  *27,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr.  GARRETT, 

The  ailirmative  voters  arc., 

Mes«rs.  Allen,  Bradshaw,  Burton,  Cannon,  Childress,  Canal,  Cobbs, 
Cheatham,  Douglass.  Fulton,  Fogg,  Gillespy,  Gordon,  Humphreys, 
Kincaid,  Kimbrough,  Ledbetter,  McClellan,  Porter,  Richardson,  Rid- 
ley, Stephenson,  Ury,  Walton,  White,  Webster  and  Weakley;  27. 


321 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Blount,  Cross, 
Garrett,  Gray,  Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kendall,  Loving, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Mont- 
gomery, Marr,  Neil,  Nelson,  Purdy,  Roadman,  Robertson,  Senter, 
Smith," Smartt,  Sharp,  Scott  and  Whitson;  31. 

And  so  the  Convention  refused  to  reconsider. 

Mr  HESS  moved  to  insert  "or  districts"  after  the  word  "county"  in  the 
fourth  line  of  said  fifth  section. 

And  the  question  being  had  thereon,  was  determined  in  the  nega- 
tive; ayes  14,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Alexander,  Garrctt,  Gray, 
Hess,  Kelly,  Loving,  Nelson,  Purdy,  Robertson,  Smith,  Smartt  and 
Sharp;  14. 

The  negative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Blount,  Cannon.  Childress,  Cahal, 
Cobbs,  Cheatham,  Cross,  Douglas?,  Fulton,  Fogg,  Gillespy,  Gordon, 
Hodges,  Hill,  Huntsman,  Humphreys,  Kincaid,  Kendall,  Kimbrough, 
Ledbctter,McClcllan,  Robert  J.  McKinney,  John  A.  McKinney,  Ma- 
hry,  McGaughcj-.  Montgomery,  Marr,  Neil,  Porter,  Roadman,  Rich- 
ardson, Ridley,  Stephenson,  Senter,  Scott,  Ury,  Whitson,  "Walton, 
White,  Webster  and  Wcakicy;  4.4. 

And  so  said  proposed  amendment  was  lost. 

Mr  CIIILDRESS  moved  the  following  as  a  substitute  for,  and  in  lieu  of 
the  v/hole  of  the  said  fifth  section;  to  wit: 

"The  number  of  Representatives  shall,  at  the  several  periods  of  mak- 
ing the  enumeration,  be  apportioned  among  the  several  counties  or  dis- 
tricts according  to  the  number  of  qualified  voters  in  each,  and  shall  not 
exceed  seventy-five  until  the  population  of  the  State  shall  be  one  mil- 
lion, and  shall  never  ^hereafter  exceed  ninety-nine;  and  the  representa- 
tion as  is  now  made,  shall  continue  until  the  next  enumeration". 

And  the  question  being  thereupon  had,  it  was  determined  in  the  neg- 
ative; ayes  19,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  ROBERT  J.  McKoNEY, 

The  affirmative  voters  are, 

Messrs.  Allcij,  Burton,  Cannon,  Childress,  Cahal,  Cobb?,  Douglas?, 
Fulton,  Fogg,  Humphreys,  Ledbc-tter,  Loving,  Porter,  Ridley,  Ury, 
Walton,  White,  Webster* and  Weakley;  19. 

The  negative  voters  are, 

Messrs.  President  (Carter).  Armstrong,  Alexander,  Bradshaw,  Blount, 
Cheatham,  Cross,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Hunts- 
man, Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  McCleHan,  Robert 
J.  McKinney,  John  A  McKinney,  Mabry,  McGaus;hcy,  Montgomery, 
Marr,  Neil,  Nelson,  Purdy,  Roadman,  Richardson,  Robertson,  Stephen- 
son,  Senter,  Smith,  Smurtt.  Sharp,  Scott  and  Whilson;  39. 

And  so  tie  Convention  refused  to  adopt  said  substitute. 


322 

Mr  RIDLEY  moved  to  strike  out  tho  words  "two-thirds",  and  to  insert  in 
lieu  thereof  the  words  "three-fourths". 

Which  motion  failed. 

Mr  URY  moved  to  strike  out  the  words  "seventy-five",  and  insert  in 
lieu  thereof  the  words  "fifty-five." 

Mr  FULTON  moved  a  division  of  said  question; 

Which  motion  prevailed. 

And  the  question  being  had,  on  the  question  of  striking  out  the  words 
"seventy-five";  it  was  determined  in  the  negative;  ayes  23,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  GRAY, 

The  affirmative  voters  arc, 

Messrs.  Cannon,  Childress,  Cabal,  Douglass,  Fulton,  Fogg,  Gillespy, 
Humphreys,  Kimbrough,  Led  better,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  Mabry,  McGaughey,  Porter,  Ridley,  Robertson, 
Stephenson,  Scott,  Ury,  Walton  and  Weakley;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cobbs,  Chcatham,  Cross,  Gorrett,  Gray,  Gordon, 
Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kincaid,  Kendall,  Loving,  Mont- 
gomery, Marr,  Neil,  Nelson,  Purdy,  Roadman,  Richardson,  Senter, 
Smith,  Smartt,  Sharp,  Whitson,  White  and  Webster;  35. 

And  so  the  Convention  refused  to  strike  out. 

The  question  then  recurred  upon  the  adoption  of  the  said  fifth  section, 
and  being  had  thereon,  it  was  determined  in  Ihe  affirmative;  ayes  34, 
noes  23. 

The  ayes  and  noes  heing   demanded  by  Mr  STEPJIE^SON, 

The  affirmative  voters  are, 

Messr?.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Blount, 
Cobbs,  Chen  th'im,  Cross,  Garretl,  Gillespy,  Gray,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hess,  Keliy,  Kincaki,  Kandall,  Loving,  Mabry, 
Montgomery,  Marr,  Neil,  Nelson,  Purdy,  Roadman,  Senter,  Smith, 
Srnartt,  Sharp,  vScolt,  Whitson  and  Whil.e;  3-1. 

The  negative  vot'.T*  are, 

Messrs.  Allen,  Burton,  Cannon,  Childress,  Cabal,  Douglass,  Fulton, 
Fogg,  Kimbrough,  Lcdbctter,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughcy,  Porter,  Richardson,  Ridley,  Robertson, 
Stephenson,  Ury,  Walton,  Websler  and  Weakley;  23. 

And  so  said  fifth  section  was  adopted. 

The  sixth  and  ninth  sections  wore  thereupon  severally  read  and  adopt- 
ed. 

The  tenth  secrion  being  read, 

Mr  ARMSTRONG  moved  to  strike  therefrom  the  word  "thirty",  for  the 
purpose  of  inserting  the  words  "twenty-five." 

Mr  ROADMAN  moved  a  division,  which  motion  prevailing,  the  ques- 
tion was  thereupon  had,  on  striking  out,  and  determined  in  the  nega- 
tive; ayes  26,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

The  affirmative  voters  are, 


323 

Messrs.  Armstrong,  Alexander,  Blount,Cahal,Cheatham,  Cross,  Ful- 
ton, Garrett,  Gih'espy,  Hill,  Humphreys,  Kincannon,  Ledbetter,  Mo 
Clellan,  McGaughey,  Nelson,  Porter,  Purdy,  Richardson,  Ridley,  Ro- 
bertson, Stephenson,  Smith,  Scott,  Ury  and  White;  26. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Burton,  Cannon,  Chil- 
dress,  Cohbs,  Douglass,  Fogg,  Gray,  Gordon,  Hodges,  Huntsman,  Hess, 
Kelly,  Kincaid,  Kendall,  Kimbrough,  Loving,  Robert  J.  McKinney, 
John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Neil,  Roadman,  Sen- 
ter,  Smartt,  Sharp,  Whitson,  Walton,  Webster  and  Weakley;  33. 

And  so  the  Convention  refused  to  strike  out. 

The  said  tenth  section  was  thereupon  read  and  adopted. 

The  eleventh,  twelfth,  thirteenth,  fourteenth, fifteenth,  sixteenth,  sev- 
enteenth, eighteenth,  nineteenth  and  twentieth  sections  of  the  same 
article  were  thereupon  severally  read  and  adopted. 

The  twenty-first  section  was  read  and  amended,  on  motion  of  Mr 
JOHN  A.  McKiNNEY,  by  striking  from  the  fourth  line  thereof  the  word 
"or"  and  inserting  in  its  stead  the  word  "and". 

Said  section  was  thereupon  read,  as  amended,  and  adopted. 

The  twenty-second  section  was  also  read  and  adopted. 

The  twenty-third  section  being  read, 

Mr  CANNON  moved  to  fill  the  blanks  therein  with  the  words  "four 
dollars",  as  the  daily  compensation  for  Members  of  the  Legislature: 

Mr  JOHN  A.  McKiNNEY  moved  to  fill  the  said  blanks,  with  the  words 
"three  dollars",  and  thereupon  the  question  was  had  and  determined  in 
the  negative;  ayes  14,  noes  44. 

The  ayes  and  noes  being  demanded  by  Mr  MCCLELLAN, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Blount,  Hodges,  McClellan,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Neil,  Stephen- 
son,  Smith,  Walton  and  Weakley;  14. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Cannon,  Chil- 
dress,  Cabal, Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett, 
Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kin- 
cannon,  Kincaid,  Kendall,  Kimbrough,  Ledhetter,  Loving,  Montgome- 
ry, Marr,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Robert- 
son, Senter,  Smartt,  Sharp,  Ury,  Whitson,  White  and  Webster;  44. 

And  so  said  motion  failed. 

Mr  KIMBROUGH  moved  to  amend  said  section,  by  substituting  the  fol- 
lowing in  lieu  of  the  first  clause  thereof;  to  wit: 

"The  Members  of  the  first  session  of  the  Legislature  shall  fix  their 
own  pay." 

Which  amendment  was  rejected. 

The  question  then  recurred  and  was  had  on  the  proposition  of  Mr 
CANNON  to  fill  the  said  blanks  with  the  words  "four  dollars";  and  deter- 
mined in  the  affirmative;  ayes  41,  noes  15. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 


324 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Cannon,  Childress,  Ca- 
hal,  Cobbs,  Cheatbam,  Cross,  Douglass,  Fulton.  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon, 
Kincaid,  Ledbettcr,  Loving,  Montgomery,  Marr,  Nelson,  Porter,  Pur- 
dy,  Roadman,  Ricbardson,  Ridley,  Robertson,  Senter,  Smartt,  Sharp., 
Dry,  Whitson,  White  and  Webster;  41. 
The  negative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Blount,  Hodges,  Kimbrough,  McClel- 
lan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey, 
Neil,  Stephenson,  Smith,  Walton  and  Weakley;  15. 

And  so  the  blanks  were  filled  with  the  words  "four  dollars." 

Mr  ROBERTSON  moved  further  to  amend  said  section  by  striking  there- 
from the  words  "thirty  miles"  and  inserting  in  lieu  the  words  "twenty- 
five  miles." 

Which  motion  prevailed. 

Mr  ROBERT  J.  McKiNNEY  thereupon  submitted  the  following  in  lieu 
of  said  section;  to  wit: 

"The  Members  of  the  General  Assembly  shall  receive  for  their  ser- 
vices a  reasonable  compensation,  to  be  ascertained  by  law,  and  paid  out 
of  the  public  treasury;  but  after  the  first  session  which  shall  be  held  un- 
der this  constitution,  no  1  iw  prescribing  such  compensation  snail  take 
effect  until  a  next  regular  session  after  the  passage  thereof." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  27,  noes  30. 

The  ayes  and  noes  being  demanded  by  Mr  KIMBROUGH, 

The  affirmative  voters  a  re, 

Messrs.  Armstrong,  Bradshaw,  Burton,  Blount,  Cross,  Douglass,  Gil- 
lespy, Gray,  Hill,  Humphreys,  Kelly,  Kendall,  Kimbrough,  Ledbetter, 
McClellan,  Robert  J.  McKinney,  McGaughey, Neil,  Nelson,  Roadman, 
Stephenson^ -Smith,  Smartt, Sharp,  Whitson,  Walton  and  Weakley;  27. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Alexander,  Cannon,  Childress,  Ca- 
hal,  Cobbs,  Cheatham,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Hunts- 
man, Hess,  Kincannon,  Kincaid,  Loving,  Mabry,  Montgomery,  Marr, 
Porter,  Purdy,  Richardson,  Ridley,  Robertson,  Senter,  Ury,  White  and 
Webster;  30. 

And  so  the  Convention  refused  to  adopt  said  substitute. 

The  said  section  was  thereupon  read  and  adopted. 

The  twenty-third,  twenty-fourth,  twenty-fifth,  twenty-sixth  and  twen- 
ty-seventh sections  were  thereupon  read  and  adopted. 

The  twenty-eighth  section  being  read, 

Mr  ARMSTRONG  moved  to  strike  from  the  second  line  thereof  the 
words  "between  the  ages  of  twelve  and  fifty  years." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive: ayes  20,  noes  38. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are, 


325 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Cross,  Fulton,  Garrett, 
Hill,  Humphreys,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  Mabry,  McGaughey,  Neil,  Nelson,  Purdy,  Stcphenson, 
Smith  and  Senter;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Burton,  Blount,  Cannon,  Childress, 
Cahal,  Cobbs,  Cheatham,  Douglass,  Fogg,  Gillespy,  Gray,  Gordon, 
Hodges,  Huntsman,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Led- 
better,  Loving,  Montgomery,  Marr,  Porter,  Roadman,  Richardson,  Rid- 
ley, Robertson,  Smartt,  Sharp,  Ury,  Whitson,  Walton,  White,  Webster 
and  Weakley;  38. 

And  so  the  Convention  refused  to  strike  out. 

Mr  ARMSTRONG  moved  to  strike  from  the  seventh  line  of  said  section, 
the  word  "shall"  and  insert  in  lieu  the  word  "may." 

Which  motion  was  rejected. 

Mr  SMITH  submitted  the  following  proviso,  as  an  amendment  to  said 
section;  to  wit: 

"Provided,  no  white  poll  shall  be  taxed  higher  than  one-half  the  tax 
levied  on  the  average  value  of  one  slave." 

And  the  sense  of  the  Convention  being  thereon  had,  the  said  proviso 
was  rejected. 

The  said  section  was  amended,  on  motion  of  Mr  JOHN  A.  McKra- 
NEY,  by  striking  from  the  seventh  line  thereof  the  word,  "and"  and  the 
word  "other." 

Mr  LOVING  moved  to  strike  out  all  that  part  of  said  section,  from  the 
word  "value"  in  the  sixth  line  to  the  words  "a  tax"  in  the  eigth  line: 

Which  motion  was  rejected. 

The  question  was  then  had  upon  the  adoption  of  said  section  and  de- 
termined in  the  affirmative;  ayes  39,  noes  19. 

The  ayes  and  noes  being  demanded  by  Mr.  WEAKLEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Cannon,  Chil- 
dress,  Douglass,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Hunts 
man,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  Loving, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  Mc- 
Gaughey, Montgomery,  Marr,  Neil,  Nelson,  Roadman,  Richardson, 
Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Whitson,  Walton  and 
Webster;  39. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Blonnt,  Cahal,  Cobbs,  Cheat- 
ham,  Cross,  Fulton,  Fogg,  Humphreys,  Kincannon,  Porter,  Purdy, 
Ridley,  Smith,  Ury,  White  and  Weakley  ;  19. 

And  so  said  section  was  adopted. 

The  twenty-ninth  and  thirtieth  sections  were  thereupon  severally 
read  and  adopted. 

The  thirty-first  section  being  read. 

Mr  MABRY  moved  to  amend,  by  adding  thereto  the  following ; 
to  wit : 


326 

"And  said  owner  or  owners  providing  for  their  removal  beyond  the 
limits  of  this  State." 

Which  amendment  was  rejected. 

The  question  was  thereupon  had  upon  the  adoption  of  said  thirty- 
first  section;  and  determined  in  the  affirmative;  ayes  35,  noes  &5. 

The  ayes  and  noes  being  demanded  by  Mr  MCGAUGHEY, 

The  affirmative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Blount,  Cannon,  Childress, 
Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kendall,  Ledbetter,  Loving,  Mont- 
gomery, Marr,  Nelson,  Porter,  Purdy,  Richardson,  Ridley,  Robertson, 
Smith,  Sharp,  Whitson,  Walton,  White  and  Weakley;  35. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Cahal,  Cross, 
Gillespy,  Gray,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey,  Neil, 
Roadman,  Stephenson,  Senter,  Smartt,  Ury  and  Webster ;  23. 

And  so  said  section  was  adopted. 

And  thereupon  the  Convention  adjourned. 

SATURDAY,  August  23,  1834. 

The  Convention  met  according  to  adjournment  and  was  opened  by 
prayer,  by  the  Rev.  Mr  EDGAR,  of  the  Presbyterian  Church. 

Mr  ARMSTRONG  from  the  Committee  to  whom  was  assigned  the  duty 
of  laying  off  and  apportioning  the  Senatorial  and  Representative  Dis- 
tricts, made  the  following 

REPORT. 

First,  The  counties  of  Carter,  Sullivan  and  Hawkins  shall  compose 
one  Senatorial  district,  and  shall  elect  one  Senator. 

Second,  The  counties  of  Washington  and  Greene  shall  compose  one 
Senatorial  district,  and  elect  one  Senator. 

Third,  The  counties  of  Cocke,  Sevier,  Jefferson  and  Blount  shall  com- 
pose one  Senatorial  district,  and  elect  Senator. 

Fourth,  The  counties  of  Grainger,  Claiborne,  Campbell,  Anderson  and 
Morgan  shall  compose  one  Senatorial  district,  and  elect  one  Senator. 

Fifth,  The  counties  of  Knox  and  Roane  shall  compose  one  Senatorial 
district,  and  elect  one  Senator. 

Sixth,  The  counties  ofMonroe  and  McMinn  shall  compose  one  Sena- 
torial district,  and  elect  one  Senator. 

Seventh,  The  counties  of  Rhea,  Bledsoe,  Marion  and  Hamilton  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 

Eighth,  The  counties  of  Warren  and  Franklin  shall  compose  one 
Senatorial  district,  and  elect  one  Senator. 

Ninth,  The  counties  of  Jackson,  Overton  White  and  Fentress  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 


327 

Tenth,  The  counties  of  Lincoln  and  Giles  shall  compose  one  Senato- 
rial district,  and  elect  one  Senator. 

Eleventh^  The  counties  of  Smith  and  Sumncr  shall  compose  one  Sen- 
atorial district,  and  elect  one  Senator. 

Twelfth,  The  county  of  Bedford  shall  compose  one  Senatorial  district, 
and  elect  one  Senator. 

Thirteenth,  The  county  of  Maury  shall  compose  one  Senatorial  dis- 
trict, and  elect  one  Senator. 

Fourteenth,  The  county  of  Rutherford  shall  compose  one  Senatorial 
district,  and  elect  one  Senator. 

Fifteenth,  The  county  of  Davidson  shall  compose  one  Senatorial  dis- 
trict, and  elect  one  Senator. 

Sixteenth,  The  counties  of  Williamson  shall  compose  one  Senatorial  dis- 
trict, and  elect  one  Senator. 

Seventeenth,  The  counties  of  Lawrence,  Wayne  and  Ilickman  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 

Eighteenth,  The  counties  of  Dickson,  Stewart  and  Humphreys  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 

Nineteenth,  The  counties  of  Robertson  and  Montgomery  shall  compose 
one  Senatorial  district,  arid  elect  one  Senator. 

Twentieth,  The  county  of  Wilson  shall  compose  one  Senatorial  dis- 
trict, and  elect  one  Senator. 

Twenty-first,  The  c<  unties  of  Hardeman,  Fnycttc  and  Shelby  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 

Tzucn'y -second,  The  counties  of  Madison,  Haywood  and  Tipton  shall 
compose  one  Senatorial  district,  and  elect  one  Senator. 

Twenty-third,  The  counties  of  Carroll,  Gibson  and  Dyer  shall  compose 
one  Senatorial  district,  and  elect  one  Senator. 

Twenty-fourth,  The  counties  of  Henry,  Weakley  and  Obion  shall  com- 
pose one  Senatorial  district,  and  elect  one  Senator. 

Twenty-fifth,  The  counties  ot  Henderson,  Perry,  M'Nairy  and  Hardin 
shall  compose  one  Senatorial  district,  and  el-ect  one  Senator. 

The  counties  of  Carter,  Sullivan  and  Hawkins  shall  each  elect  one 
Representative,  and  Sullivan  and  Hawkins  shall  also  jointly  elect  one 
Representative. 

The  counties  of  Greene  and  Washington  shall  each  elect  one  Repre- 
sentative, and  shall  nlso  jointly  eloct  one  Representative. 

The  counties  of  Cocke,  Sevier,  Jefferson  and  Blount  shall  each  elect 
one  Representative. 

The  counties  of  Grainger  and  Claiborne  shall  each  elect  one  Repre- 
sentative. 

The  counties  of  Campbell,  Anderson  and  Morgan  shall  jointly  elect 
two  Representatives. 

The  counties  of  Knox  and  Roanc  shall  each  elect  one  Representative, 
and  shall  also  jointly  elect  one  Representative. 

The  counties  of  Monroe  and  McMinn  shall  each  elect  one  Repre- 
sentative, and  shrill  also  jointly  elect  one  Representative. 


328 

The  counties  of  Rhea  and  Bledsoe  shall  each  elect  one  Representa- 
tive. 

The  counties  of  Marion  and  Hamilton  shall  jointly  elect  one  Repre- 
sentative. 

The  counties  of  Warren,  Franklin,  Bedford,  Lincoln,  Giles,  Maury, 
Rutherford,  Williamson,  Davidson,  Wilson,  Smith  and  Sumner  shall 
each  elect  two  Representatives. 

The  counties  of  Lawrence,  Wayne,  Hickman,  Dickson,  Humphreys 
Montgomery,  Stewart,  Robertson,  Jackson,  Overton,  White,  Fentress, 
Hardin,  M'Nairy,  Hardeman,  Fayette,  Shelby,  Perry,  Henderson, 
Madison,  Haywood,  Tipton,  Carroll,  Gibson,  Henry  and  VVeakley 
shall  each  elect  one  Representative. 

The  counties  of  Obion  and  Dyer  shall  jointly  elect  one  Representa- 
tive. 

All  of  which  is  respectfully  submitted. 

H.  C.  ARMSTRONG,   Chairman, 

Mr.  ROBERT  J.  McKlNNEY  moved  to  lay  said  report  on  the  table  : 
which  motion  prevailed. 

Mr.  DOUGLASS  submitted  the  following: 

'•Resolved,  That  this  Convention  will  adjourn  sine  die,  on  Wednes- 
day, twenty-seventh  inst:  and  that  a  Committee  of  three  be  appoint- 
ed, to  estimate  and  report  the  expences  of  the  session  up  to  that  day." 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table,  being 
suspended,  said  resolution  was  adopted  : 

And'thereupon  the  President  appointed  Messrs.  Douglass,  Childress 
and  Gordon,  to  be  said  Committee. 

Mr.  BURTON  submitted  the  following  : 

1st.  "Resolved^  That  a  committee  of  three  be  appointed  to  super- 
intend the  enrolment  of  the  Constitution,  which  may  be  adopted  by 
by  this  Convention. 

2nd.  "Resolved,  That  the  roll,  containing  the  draft  of  the  amended 
Constitution  adopted  by  this  Convention  and  by  it  submitted  to  the 
People  of  this  State  for  their  ratification  or  rejection,  be  enclosed  by 
the  Secretary  in  a  case  proper  for  its  preservation  and  be  deposited 
among  the  archives  of  this  Slate. 

3rd.  "Resolved,  That  the  Secretary  of  this  Convention  do  cause  the 
Journal  of  the  proceedings  of  this  Convention,  together  with  all  the 
original  documents,  in  the  possession  of  the  Convention  and  connect- 
ed with  its  proceedings,  to  be  delivered  over  to  the  Secretary  of  State 
and  by  him  deposited  among  the  archives  of  this  State." 

And  the  rule  requiring  resolutions  to  lie  one  day  on  the  table,  being 
suspended,  said  resolutions  were  adopted  : 

And  thereupon  the  President  appointed  Messrs.  Burton,  White  and 
Robert  J.  McKinney  to  compose  said  committee. 

On  motion  of  Mr.  HUNTSMAN,  the  proposed  Preamble  to  the  amend- 
ed Constitution,  as  amended  by  Mr.  Loving,  was  taken  up,  read  and 
adopted. 

On  motion  of  Mr.  JoriN  A.  McKiNNEY  the  Convention  took  up  a 


329 


proposition  submitted  by  him  on  the  fourteenth  of  August,  on  the 
subject  of  printing  the  private  and  local  laws  passed  by  the  Legisla- 
ture :  which  being  read, 

Mr.  GARRETT  moved  to  lay  said  proposition  on  the  table  until  the 
first  day  ot  January  next : 

And  thereon  the  question  was  had,  and  determined  in  the  affirma- 
tive ;  ayes  30,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr.  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Cannon, 
Childress,  Cahal,  Cross,  Douglass,  Garrett,  Gillespy,  Gray,  Gordon, 
Hodges,  Huntsman,  Humphreys,  Kincaid,  Kendall,  Loving,  Montgom- 
ery, Neil,  Nelson,  Purdy,  Richardson,  Smith,  Sharp,  Ury,  Whitson 
and  White ;  30. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Blount,  Cobbs,  Cheatham,  Fulton, 
Fogg,  Hill,  Hess,  Kelly,  Kincannon,  Kimbrough,  Ledbetter,  McClcl- 
lan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey, 
Marr,  Porter,  Roadman,  Ridley,  Robertson,  Stephenson,  Senter, 
Smartt,  Walton,  Webster  and  Weakley  ;  28. 

And  so  said  proposition  was  ordered  to  the  table. 

The  first  and  second  sections  of  the  third  article  were  read  and 
adopted. 

The  third  section  being  read, 

Mr.  FULTON  moved  to  strike  out  of  said  section  the  words  "unless 
he  shall  have  been  absent  on  public  business  of  the  United  States  or  of 
this  State";  which  motion  prevailed. 

The  fourth  section  being  read, 

Mr.  HESS  offered  the  following  in  lieu  of  said  section  ;  to  wit : 

"The  first  election  for  Governor  shall  be  held  on  the  first  Thursday 
in  August,  one  thousand  eight  hundred  and  thirty-five  ;  the  second  elec- 
tion on  the  first  Thursday  in  August,  one  thousand  eight  hundred  and 
thirty-seven;  the  third  election  on  the  first  Thursday  in  August,  one 
thousand  eight  hundred  and  forty  :  and  forever  thereafter  the  election 
for  Governor  shall  be  held  once  in  two  years,  on  the  first  Thursday  in 
August.  The  Governor  shall  hold  his  office  for  two  years,  and  until 
another  Governor  shall  be  elected  and  qualified.  JN'o  person  shall  be 
eligible  as  Governor  more  than  six  years  in  any  term  of  eight  years.'* 

And  thereupon  the  question  was  had,  on  receiving  said  amendment, 
and  determined  in  the  affirmative. 

And  the  said  fourth  section,  as  amended,  was  adopted. 

The  fifth,  sixth,  seventh, eighth,  ninth,  tenth,  eleventh,  twelfth,  thir- 
teenth, fourteenth,  fifteenth  and  sixteenth  sections,  were  severally 
read  and  adopted. 

The  seventeenth  section  being  read, 

Mr.  KIXCANNON  moved  to  strike  from  the  first  line  thereof,  the 
word  "this"; 

Which  motion  prevailed: 


830 

And  said  section,  as  amended,  was  adopted. 

The  first  section  of  the  fourth  article  being  read, 

Mr.  SHARP  moved  to  strike  out  therefrom  the  word  "six"  in  the 
second  line,  and  insert  "three." 

Which  motion  was  lost. 

The  first  section  was  then  adopted. 

The  second  third  and  fourth  sections  were  severally  read  and  adopt- 
ed. 

The  first,  second  and  third  sections  of  the  fifth  article  were  several- 
y  read  and  adopted. 

The  fourth  section  being  read, 

Mr.  CAHAL  moved  to  strike  out  from  the  sixth  line,  the  word  "and", 
land  insert  the  words  "and  punishment,"  after  the  word  "judgment", 
in  the  same  line  : 

Which  motion  prevailed: 

And  the  said  fourth  section,  as  amended,  was  adopted. 

The  fifth  section  being  read, 

Mr.  FOGG  moved  to  amend  said  section,  by  inserting  the  words  "by 
said  court"  after  the  word  "office"  in  the  third  line  : 

Which  motion  prevailed. 

Mr.  COBBS  moved  further  to  amend  said  section,  by  adding  thereto 
the  following;  to  wit : 

"And  shall  be  subject  to  such  other  punishment  as  may  be  prescribed 
by  law." 

Which  motion  also  prevailed. 

Mr  ROBERT  J.  McKiNNEY  moved  further  to  amend  said  section,  by  in- 
serting the  words  "crimes  or1'  preceding  the  word  "misdemeanors": 

Which  also  prevailed: 

And  said  fifth  section,  as  amended,  was  read  and  adopted. 

Mr  BLOUNT  moved  a  reconsideration  of  the  vote  adopting  the  first, 
second,  third  and  fourth  sections  of  the  fifth  article; 

Which  prevailing,  he  thereupon  offered  the  following,  in  lieu  of  said 
sections;  to  wit: 

"Let  the  Supreme  Court,  with  a  jury,  try  impeachments  against  the 
Governor,  the  Chancellors,  the  Secretary  of  State,  the  Attorneys  for  the 
State  and  Judges  of  the  Circuit  Court;  let  Circuit  Courts  try  offenders 
in  their  circuits,  and  if  a  judge  of  the  Supreme  Court  be  impeached, 
let  the  Legislature  provide  a  court  for  his  trial." 

And  thereupon  the  question  was  had,  and  determined  in  the  negative; 
ayes  13,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr  RIDLEY, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Blount,  Gillespy,  Hill,  Humphreys,  Kelly,  Kin- 
cannon,  Mabry,  Marr,  Ridley,  Robertson,  Walton  and  Weakley;  13. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Cannon,  Childress,  Cabal,  Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg, 
Garrett,  Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kincaid,  Kendall, 


331 

Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  Mc- 
Gaughey,  Montgomery,  Neil,  Nelson,  Purdy,  Roadman,  Richardson, 
Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whitson,  White  and 
Webster;  42. 

And  so  said  proposition  was  rejected. 

Said  first,  second,  third  and  fourth  sections  were  again  severally  read 
and  adopted. 

The  first  section  of  the  sixth  article  being  read, 

Mr  Alexander  moved  the  following  amendment  thereto,  to  wit: 

"The  Legislature  may  also  vest  such  jurisdiction  as  may  be  deemed 
necessary  in  Corporation  Courts." 

And  thereupon  the  question  was  had,  and  determined  in  the  affirm 
ative  ;  ayes  37,  noes  21. 

The  ayes  and  noes  being  demanded  by  Mr.  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  President  ( Carter ),  Armstrong,  Alexander,  Blount,  Cannon, 
Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gil- 
lespy,  Hill,  Huntsman,  Humphreys,  Kincannon,  Kendall,  Ledbetter, 
Loving,  John  A.  McKinney,  Montgomery,  Nelson,  Porter,  Purdy, 
Richardson,  Ridley,  Robertson,  Smith,  Smartt,  Sharp,  Ury,  Whitson, 
Walton,  Webster  and  Weakley;  37. 

The  negative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Douglass,  Gray,  Gordon,  Hodges, 
Hess,  Kelly,  Kincaid,  Kimbrough,  McCieUan,  Robert  J.  McKinney, 
Mabry,  McGaughey,  Marr,  Neil,  Roadman,  Stephenson,  Senter  and 
White;  21. 

And  so  said  amendment  was  adopted. 

Mr  KINCAID  proposed  the  following  amendment  to  said  section,  to  be 
inserted  after  the  word  "judges"  in  the  last  line  thereof;  to  wit: 

"And  iw  such  court  as  may  be  established,  to  be  holden  by  justices  of 
the  peace  in  the  respective  counties." 

In  lieu  of  which  and  of  the  whole  of  said  section,  Mr  CANNON  offered 
the  following,  to  wit: 

"The  judiciary  power  of  this  State  shall  be  vested  in  such  superior 
and  inferior  courts  of  law  and  equity  as  the  Legislature  may,  from  time 
to  time,  direct  and  establish." 

And  thereupon  the  question  was  had,  and  determined  in  the  negative; 
ayes  12,  noes  45. 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs.  Cannon,  Cahal,  Cobbs,  Douglass,  Gordon,  Kincaid,  Mc- 
Gaughey, Neil,  Porter,  Stephenson,  Sharp  and  Weakley;  12. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Childress,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett?  Gillespy,  Gray, 
Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Ken- 
dall, Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKin- 
ney, John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Nelson,  Purdy, 


332 

Roadman,  Richardson,  Ridley,  Robertson,  Senter,  Smith,  Smartt,  Ury, 
Whitson,  Walton,  White  and  Webster;  45. 

And  so  said  amendment  was  rejected. 

The  question  was  then  had  on  Mr  Kincaid's  amendment  and  deter- 
mined in  the  negative;  ayes  19,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Blount,  Cannon,  Gillespy,  Gray,  Hill,  Kelly, 
•Kincaid,  Kendall,  McClellan,  McGaughey,  Montgomery,  Neil,  Porter, 
Richardson,  Stephenson,  Smith,  Smartt  and  Sharp;  19. 

The  negative  voters  arc, 

Messrs.  Allen,  Alexander,  Bradshaw,  Childress,  Cobbs,  Cheatham, 
Cross,  Douglass,  Fogg,  Garrett,  Gordon,  Hodges,  Huntsman,  Hess, 
Kincannon,  Kimbrough,  Ledbetter,  Loving,  Robert  J.  McKinney, 
John  A.  McKinney,  Marr,  Nelson,  Purdy,  Roadman,  Ridley,  Robert- 
son, Senter,  Ury,  Whitson,  White  and  Webster;  31. 

And  so  said  proposition  was  rejected. 

Mr  KINC AID  moved  to  strike  from  the  third  line  the  word  "thereof": 

Mr  WEAKLEY  moved  to  amend  Mr  Kincaid's  motion,  by  striking  out 
the  whole  of  the  third  line. 

And  the  question  being  had  thereon  it  was  determined  in  the  nega- 
ive;  ayes  23,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr  WEAKLEY, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cannon,  Cheatham,  Gillespy,  Gray,  Hill,  Kel- 
ly, Kincannon,  Kincaid,  Kendall,  Ledbetter,  McClellan,  McGaughey, 
Neil,  Richardson,  Ridley,  Stephenson,  Senter,  Smith,  Smarfct,  Sharp, 
Walton  and  Weakley;  23. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Childress, 
Cabal,  Cobbs,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon, 
Hodges,  Huntsman,  Humphreys,  Hess,  Kimbrough,  Loving,  Robert 
J.  McKinney,  John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Nel- 
son, Porter,  Purdy,  Roadman,  Robertson,  Ury,  Whitson,  White  and 
Webster;  34. 

And  so  the  Convention  refused  to  strike  out. 

The  question  was  then  had  on  Mr  Kincaid's  motion  to  strike  out  the 
word  "thereof": 

And  said  motion  prevailed. 

Mr  HUNTSMAN  moved  to  strike  out  the  word  "the"  from  the  second 
line,  and  to  insert  the  word  "in"; 

Which  motion  also  prevailed. 

Mr  MONTGOMERY  moved  to  strike  out  the  word  "and"  from  the  begin- 
ning of  the  third  line: 

Which  motion  was  lost. 

The  first  section  was  then  read,  as  amended  and  adopted. 

The  second  section  being  read, 

Mr  ARMSTRONG  moved  to  strike  out  all  of  said  section   after  the 


333 


word  "place",  where  it  first  occurs  in  the  fifth  line,  and  to  insert  the 
words  "in  East  Tennessee,  and  at  one  place  in  the  Western  District, 
and  at  not  more  than  two  places  in  Middle  Tennessee." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  28,  noes  28. 

The  ayes  arid  noes  being  demanded  by  Mr  ARMSTRONG, 

The  affirmative  voters  are, 

•Messrs.  Armstrong,  Cannon,  Cross,  Gillespy,  Gordon,  Hill,  Hunts- 
man, Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Ledbetter,  McClel- 
lan,  Mabry,  McGaughey,  Marr,  Neil,  Nelson,  Richardson,  Robertson, 
Stephenson,  Senter,  Smith,  Smartt,  Whitson,  Walton  and  Webster;  28. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Childress, 
Cahal,  Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gray, 
Hodges,  Kincannon,  Kimbrough,  Loving,  John  A.  McKinney,  Mont- 
gomery, Porter,  Purdy,  Roadman,  Ridley,  Sharp,  Ury,  White  and 
Weakley;  28. 

Mr  STEPHENSON  moved  to  amend  said  second  section  by  striking  out 
all  after  the  words  "supreme  court"  in  the  fifth  line;  and  thereon  the 
question  was  had  and  determined  in  the  negative;  ayes  27,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr.  STEPHENSON, 

The  affirmative  voters  are, 

Messrs. President  (Carter),  Armstrong,  Bradshaw,  Cannon,  Doug- 
lass, Gillespy,  Gray,  Hill,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough, 
Ledbetter,  McClellan,  McGaughey,  Neil,  Nelson,  Richardson,  Robert- 
son, Stephenson, Senter,  Smith,  Smartt, Sharp,  Walton  and  Webster;  27. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Burton,  Blount,  Childress,  Cahal,  Cobbs, 
Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Huntsman, 
Humphreys,  Kincannon,  Loving,  Robert  J.  McKinney,  John  A.  Mc- 
Kinney, Mabry,  Montgomery,  Marr,  Porter,  Purdy,  Roadman,  Ridley, 
Ury,  Whitson,  White  and  Weakley;  31. 

And  so  said  motion  was  lost. 

The  said  second  section  was  then  adopted. 

The  third  section  being  read, 

Mr.  CANNON  moved  to  strike  out  the  words,  "so  long  as  said  Courts 
are  continued  by  the  Legislature." 

Mr.  KINCAID  moved  to  strike  out  the  words,  "except  the  Justices 
of  the  Courts  of  Pleas  and  Quarter  Sessions,  so  long  as  said  courts  are 
continued  by  the  Legislature":  and  to  insert  in  lieu  thereof,  the  words 
"except  such  courts  as  may  be  established  to  be  holden  by  Justices  of 
the  Peace." 

In  lieu  of  which  Mr.  PORTER  offered  the  following ;  to  wit  : 

''Except  the  Justices  of  the  Courts  of  Pleas  and  Quarter  Sessions, 
if  such  Courts  should  be  established  by  the  Legislature." 

Which  was  rejected. 

Mr.  HUNTSMAN  then  proposed  the  following  in  lieu  of  the  words  pro- 
posed to  be  inserted  by  Mr.  Kincaid  ;  to  wit : 


334 

c;The  Legislature  may  establish  county  courts  to  be  holden  by  Jus- 
tices of  the  Peace." 

Mr.  BURTON  moved  to  lay  all  the  amendments  proposed  'to  the  said 
third  section  on  the  table  until  the  first  day  of  January  next ;  and 
thereupon  the  question  was  had  and  determined  in  the  negative  ;  ayes 
19,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr.  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Allen,  Burton,  Childress,  Cabal,  Cross,  Douglass,  Garrett, 
Gordon,  Humphreys,  Kimbrough,  Robert  J.  M'Kinney,  John  A.  Me- 
Kinney,  Mabry,  Neil,  Ridley,  Robertson,  Senter,  Whitson  and 
White;  19. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Blount,  Cannon,  Cobbs,  Cheatham,  Fulton,  Fogg,  Gillespy,  Gray, 
Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall, 
Ledbetter,  Loving,  McClellan,  McGaughey,  Montgomery,  Marr,  Nel- 
son, Porter,  Purdy,  Roadman,  Richardson,  Stephenson,  Smith,  Smartt, 
Sharp,  Ury,  Walton,  Webster  and  Weakley  ;  39. 

And  so  the  Convention  refused  to  lay  said  amendments  on  the  table. 

The  question  then  recurred  upon  the  amendment  proposed  by  Mr, 
Kincaid  ;  which  being  had,  it  was  determined  in  the  affirmative. 

Mr.  COBBS  moved  to  strike  out  the  words  "twelve  years"  and  insert 
''eighteen  years";  and  to  add  at  the  end  of  said  section  the  words 
<cand  shall  not  be  le -eligible." 

Mr.  ALLEN  moved  a  division  of  the  question : 

Which  motion  prevailed. 

Mr.  GARRETT  then  moved  to  lay  said  amendment  on  the  table  indef- 
initely :  and  the  question  being  had  thereon,  it  was  determined  in  the 
affirmative  ;  ayes  40,  noes  17. 

The  ayes  and  noes  being  demanded  by  Mr.  CAHAL, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Burton,  Cannon,  Childress,  Cheatham,  Cross, 
Douglass,  Fulton,  Fogg,  Garrett,  Giilespy,  Gray,  Gordon,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Kimbrough,  Led- 
better, McClellan,  Robert  J.  McKinney,  Mabry,  McGaughey,  Mont- 
gomery, Neil,  Nelson,  Porter,  Purdy,  Roadm  an,  Richardson,  Ridley, 
Stephenson,  Senter,  Smith,  Smartt,  Whitson  and  Webster ;  40. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander, Blount, 
Cahal,  Cobbs,  Kincannon,  Kincaid,  Loving,  John  A.  McKinney,  Marr, 
Sharp,  Ury,  Walton,  White  and  Weakley ;  17. 

And  so  said  amendment  was  indefinitely  postponed. 

Mr.  MARR  moved  to  strike  out  all  of  said  section  preceding  the 
word  "Judges"  in  the  third  line,  and  to  insert  in  lieu  thereof  the  fol- 
lowing ;  to  wit : 

"Judges  of  the  several  courts  of  law  and  equity  shall  be  elected  by 


335 

the  qualified  electors  of  Members  of  the  General  Assembly,  in  such 
manner  as  may  be  prescribed  by  law." 

And  the  question  being  had  thereon  it  was  determined  in  the  nega- 
tive ;  ayes  8,  noes  48. 

The  ayes  and  noes  being  demanded  by  Mr.  MABRY, 

The  affirmative  voters  are, 

Messrs.  Bradshaw,  Hodges,  Hill,  Plumphreys,  Kincannon,  Marr, 
Nelson  and  Smith ;  8. 

The  negative  voters  are, 

Messrs.  President  ( Carter),  Allen,  Armstrong,  Alexander,  Burton, 
Blount,  Cannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Doug- 
lass, Fulton,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Huntsman,  Hess, 
Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClellan, 
Robert  J.  M cKinney,  Mabry,  McGaughey,  Montgomery,  Neil,  Porter, 
Purely,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smartt, 
Sharp,  Ury,  Whitson,  Walton,  White,"Webster  and  Weakley;  48. 

And  so  said  proposition  was  rejected. 

The  said  third  section,  as  amended,  was  read  and  adopted. 

Mr.  CAHAL,  at  the  request  of  Mr.  Nelson,  moved  a  reconsidera- 
tion of  the  vote  adopting  the  second  section : 

Which  motion  was  rejected. 

Mr.  ARMSTRONG  offered  the  following  as  an  additional  section  to  said 
article  ;  to  wit  : 

''The  Supreme  court  in  Middle  Tennessee  shall  be  held  at  whatev- 
er place  the  seat  of  government  may  be  located." 

But  before  any  action  was  had  thereon, 

The  Convention  adjourned. 

MONDAY,  August  25,  1834. 

The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr.  HESS,  of  the  Cumberland  Presbyterian 
Church. 

Mr.  ARMSTRONG,  from  the  committee  to  whom  was  assigned  the  duty 
of  laying  oil  and  apportioning  the  Senatorial  and  Representative  Dis- 
tricts, moved  the  following  amendment  to  the  report  made  by  him  from 
said  committee  on  Saturday  last;  to  wit : 

'•The  counties  of  Monroe  and  McMinn  shall  jointly  elect  one  Re- 
presentative." 

Which  amendment  was  received. 

Mr.  SHARP  moved  a  reconsideration  of  the  vote  heretofore  taken, 
adopting  the  second  section  of  the  sixth  article  : 

Which  motion  prevailing,  said  second  section  was  again  taken  up ; 
and  having;  been  read, 

Mr.  ARMSTRONG  moved  a  reconsideration  of  the  vote  heretofore  ta- 
ken, rejecting  his  proposition  that  the  Supreme  court  may  be  held  "at 
not  more  than  two  places  in  Middle  Tennessee": 


336 

And  thereupon  the  question  was  had  and  determined  in  the  affirma- 
tive ;  ayes  38,  noes  19. 

The  ayes  and  noes  being  demanded  by  Mr.  CHILDRESS, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cannon,  Cobbs,  Cross,  Douglass,  Gillcspy,  Gray, 
Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall, 
Kimbrough,  Ledbetter,  McClellan,  McGaughey,  Montgomery,  Marr, 
Neil,  Nelson,  Roadman,  Richardson,  Ridley,  Robertson,  Stephenson, 
Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson,  Walton,  White,  Web- 
ster and  Weakiey ;  38. 

The  negative  voters  are, 

Messrs.  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Childress, 
Cabal,  Cheatham,  Fulton,  Fogg,  Garrett,  Hodges,  Loving,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  Porter,  Purdy  and  Ury  ;  19. 

And  so  the  Convention  agreed  to  reconsider. 

Thereupon  Mr.  ARMSTRONG  renewed  the  proposition  to  strike  out 
all  of  said  section,  after  the  word  "place",  where  it  first  occurs  in  the 
fifth  line  thereof,  and  to  insert  in  lieu  thereof  the  following ;  to  wit : 

"In  East  Tennessee,  and  at  one  place  in  the  Western  District,  and 
at  not  more  than  two  places  in  Middle  Tennessee." 

Of  which  question  Mr.  STEPHENSON  moved  a  division  ;  which  was 
refused. 

The  question  was  thereupon  had  on  the  proposition  of  Mr.  Arm- 
strong ;  and  it  was  determined  in  the  negative  ;  ayes  27,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Armstrong,  Cannon,  Cross,  Douglass, 
Gillespy,  Gordon,  Hill,  Huntsman,  Kelly,  Kincaid,  Kimbrough,  Led- 
better, McClellan,  McGaughey,  Neil,  Nelson,  Richardson,  Robertson, 
Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Whitson  and  Web- 
ster; 27. 

The  negative  voters  are, 

Messrs  Allen,  Alexander,  Bradshaw,  Burton,  Blount,  Childress, 
Cabal,  Cobbs,  Cheatham,  Fulton,  Fogg,  Garrett,  Gray,  Hodges,  Hum- 
phreys, Hess,  Kincannon,  Kendall,  Loving,  Robert  J.  McKinney, 
John  A.  McKinney,  Montgomery,  Marr,  Porter,  Purdy,  Roadman, 
Ridley,  Ury,  Walton,  White  and  Weakiey  ;  31. 

And  so  said  amendment  was  rejected. 

Mr  STEPHENSON  moved  to  strike  out  all  of  said  section,  after  the  word 
"Court"  in  the  fifth  line  thereof:  which,  having  been  heretofore  proposed 
and  rejected,  was  declared  to  be  now  out  of  order. 

Mr  ARMSTRONG  offered  the  folio  wing,  as  an  amendment  in  lieu  of  said 
second  section;  to  wit: 

"The  Supreme  Court  shall  be  composed  of  not  less  than  three,  nor 
more  than  five  judges." 

Which  proposed  amendment  was  rejected. 

The  said  section, as  amended,  was  then  adopted. 

The  fourth  section  of  said  sixth  article  was  read  and  adopted. 


337 

The  fifth  section  having  been  read, 

Mr  JOHN  A.  MC!VINNEY  moved  to  strike  out  all  of  said  section,  from 
the  beginning  to  the  word  "law"  in  the  fourth  line  thereof:  so  as  to 
sti  ike  out  the  provision  for  the  appointment  of  an  Attorney  General  lor 
the  State: 

Which  motion  prevailed;  ayes  30,  noes  '27. 

The  ayes  and  noes  being  demanded  by  Mr.  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cannon, 
Douglass,  Gillespy,  Gray,  Hodges,  Kelly,  Kincunnon,  Kendall,  Kim- 
brough,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mabry, 
McGaughey,  Montgomery,  Neil,  Roadman,  Richardson,  Ridley,  Ro- 
bertson, Stephenson,  Senter,  Smith,  Sharp,  Whitson  and  Walton  ;  30. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Childress,  Cahal,  Cobbs.  Cheat- 
ham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon,  Huntsman,  Humphreys, 
Hess,  Kincaid,  Loving,  Marr,  Nelson,  Porter,  Purdy,  Smartt,  Scott, 
Ury,  White,  Webster  and  Weakley ;  27. 

And  so  said  provision  was  striken  out. 

Mr.  GRAY  moved  to  insert  after  the  word  "shall",  in  the  fourth  line 
of  said  section,  the  words  "by  joint  vote  of  both  Houses." 

Which  motion  prevailed. 

The  said  fifth  section,  as  amended,  was  then  adopted. 

The  sixth  section  having  been  read, 

Mr.  ARMSTRONG  moved  to  strike  out  the  words  "Attorney  General" 
from  said  section,  where  they  occur  in  the  first  and  in  the  fifth  line 
thereof: 

Which  motion  prevailed. 

Mr.  STEPHENSON  moved  to  strike  out  from  the  third  line  of  said 
sixth  section  the  words  "all  the  Members  elected",  for  the  purpose  of 
inserting  the  words,  "the  Members  present": 

Which  was  refused. 

Mr.  FULTON  offered  the  following  as  an  addition  to  said  sixth  sec- 
tion; to  wit : 

"The  Judge  against  whom  the  Legislature  may  be  about  to  pro- 
ceed, shall  receive  notice  thereof,  accompanied  with  a  copy  of  the 
causes  alleged  for  his  removal,  at  least  ten  days  before  the  day  on 
which  either  House  of  the  General  Assembly  shall  act  thereupon." 

Which  was  adopted  ;  ayes  3(5,  noes  22  : 

The  ayes  and  noes  being  demanded  by  Mr  CAHAL, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Bradshaw,  Blount,  Cahal,  Cobbs.  Douglass,  Ful- 
ton, Garrett,  Gillespy,  Gordon,  Huntsman,  Humphreys.  Kincannon, 
Kincaid,  Kimbrough,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.McKinney,  Mabry,  McGaughey,  Montgomery.  Marr.  Nelson,  Porter, 
Purdy,  Roadman,  Richardson,  Ridley,  Robertson,  JSttphenson,  Smith, 
Scott,  Ury,  Whitson  and  Webster;  36. 

Z 


338 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Burton,  Cannon,  Chil- 
drcss,  Cheatham,  Cross,  Fogg,  Gray,  Hodges,  Hill,  Hess,  Kelly,  Ken- 
dall, Neil,  Senter,  Smartt,  Sharp,  Walton,  "White  and  Weakley;  22. 

And  so  said  amendment  was  adopted. 

Mr  HESS  moved  to  strike  out  the  whole  of  said  sixth  section. 

Which  was  refused: 

And  said  sixth  section,  as  amended,  was  adopted. 

The  seventh  section  having  been  read, 

Mr  NEIL  offered  the  following  as  a  substitute  therefor;  to  wit: 

"Judges  of  the  Supreme  Court  shall  not  receive  more  than  one  thou- 
sand five  hundred  dollars  per  annum  for  their  services,  and  Judges  of  the 
Inferior  Courts  not  more  than  one  thousand  dollars  per  annum." 

And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive ;  ayes  13,  noes  45. 

The  ayes  and  noes  being  demanded  by  Mr  NEIL, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Hodges,  Kendall,  Mahry,  McGaughey, 
Neil,  Nelson,  Stcphenson,  Senter,  Smith,  Smartt  and  Sharp;  13. 

The  negative  voters  arc, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Can- 
non, Childrcss,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gar- 
rett,  Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly, 
Kincannon,  Kincaid,  Kimbrough,  Lcdbetter,  Loving,  McClellan,  Robert 
J.  McKinney,  John  A.  McKinney,  Montgomery,  Marr,  Porter,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Scott,  Ury,  Whitson,  Wal- 
ton. White,  Webster  and  Weakley;  45. 

And  so  said  amendment  was  rejected. 

Mr  CAIIAL  moved  to  strike  out  from  the  end  of  the  second  line  of  said 
seventh  section,  the  words  "increased  or." 

And  the  question  being  had  thereupon,  it  was  determined  in  the  neg- 
ative; ayes  13,  noes  46. 

The  ayes  and  noes  being  demanded  by  Mr  CAHAL, 

The  affirmative  voters  are, 

Messrs.  Childrcss,  Cahal,  Cobbs,  Fulton,  Fogg,  Garrett,  Huntsman, 
Kincannon,  Loving,  Robertson, Scott,  Ury  and  Walton;  13. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armslrong,  Alexander,  Brad- 
shaw, Burton,  Biount,  Cannon,  Cheatham,  Cross,  Douglass,  Gillespy, 
Gray,  Gordon,  Hodges,  Hiil,  Humphreys,  Hess,  Kelly,5Kincaid,  Ken- 
dall, Kimbrough,  Led  better,  McClellnn,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Por- 
ter, Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Whitson,  White,  Webster  and  Weakley;  46. 

And  so  the  Convention  refused  to  strike  out. 

The  seventh,  eighth,  ninth  and  tenth  sections  were  then  severally 
read  and  adopted. 

The  eleventh  section  having  been  read. 


339 

Mr  FOGG  moved  to  insert  in  said  eleventh  section,  after  the  word  "in" 
in  the  second  line  thereof,  the  words  "the  event  of": 

Which  motion  prevailed,  and 

The  said  eleventh  section,  as  amended,  was  adopted. 

The  twelfth,  thirteenth  and  fourteenth  sections  were  severally  read 
and  adopted. 

The  fifteenth  section  having  been  read, 

Mr  STEPHENSON  moved  the  following  as  an  addition  to  said  section;  to 
wit: 

"Which  addition  shall  not  exceed  one  justice  for  every  two  hundred 
qualified  voters." 

In  lieu  of  which  and  of  the  whole  of  said  fifteenth  section,  Mr  PURDY 
offered  the  following;  to  wit: 

"The  different  counties  in  this  State  shall  be  laid  off  into  districts  of 
convenient  size,  in  such  manner  as  the  General  Assembly  may  direct,  in 
which  there  shall  be  elected  two  justices  of  the  peace  and  one  consta- 
ble, by  the  qualified  voters  therein,  except  districts  including  county 
towns,  which  may  elect  not  more  than  three  justices  and  two  constables. 
The  justices  of  the  peace  shall  be  elected  for  the  term  of  six  and  the 
constables  for  the  term  of  two  years.  The  jurisdiction  of  said  officers 
shall  be  regulated  by  law.  Justices  of  the  peace  shall  be  commissioned 
by  the  Governor.  Upon  the  removal  of  either  of  said  officers  from  the 
district  for  which  he  was  elected,  his  office  shall  become  vacant  from  the 
time  of  such  removal.  The  Legislature  shall  have  power  to  provide  for 
the  appointment  of  an  additional  number  of  justices  of  the  peace  in  in- 
corporated towns." 

>:?;  Mr  GORDON  moved  to  strike  from  the  sixth  line  of  said  fifteenth  sec- 
tion the  words  "the  jurisdiction  of  said  officers  shall  be  co-extensive  with 
the  county,"  and  to  insert  in  lieu  thereof  the  following;  to  wit:  "the  ju- 
risdiction of  the  justices  of  the  peace  shall  be  co-extensive  with  the  coun- 
ty." 

Whereupon  Mr  HUNTSMAN  moved,  that  all  the  proposed  amendments 
be  laid  upon  the  table; 

But  before  the  question  was  had  thereon,  Mr  STEPHENSON  withdrew 
the  proposed  amendment  submitted  by  him; 

And  the  question  being  had  on  Mr  Huntsman's  motion;  said  motion 
prevailed. 

Mr  SHARP  moved  to  strike  out  the  word  "six",  and  to  insert  in  lieu 
thereof  the  word  "four",  in  the  seventh  line  of  said  section,  as  the  term 
for  which  justices  shall  be  elected: 

Which  motion  was  lost. 

Mr  SMARTT  move  to  strike  the  word  "two"  from  the  sixth  line,  and 
to  insert  in  lieu  thereof  the  word  "one",  as  the  number  of  Constables 
to  be  elected  in  county  towns: 

Which  motion  was  lost. 

Mr  CAHAL  moved  to  strike  from  the  sixth  line  of  the  fifteenth  section 
the  words  "the  jurisdiction  of  said  officers  shall  be  co-extensive  with  the 
c  aunty": 


340 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
ative; ayes  13;  noes  43. 

The  ayes  and  noes  being  demanded  by  Mr  CAHAL, 

The  affirmative  voters  are, 

Messrs.  Allen,  Cahal,  Douglass,  Garrett,  Hill,  Humphreys,  Ledbet- 
ter,  Loving,  Purdy,  Richardson,  Ridley,  Sharp  and  Walton;  13. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw,  Blount, 
Cannon.  Childress,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Gillespy, 
Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kelly,  Kincannon,  Kincaid, 
Kendall,  Kimbrough,  McClellan,  Robert  J.  McKiniey,  John  A.  Mc- 
Kinney,  McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Porter,  Road- 
man, Robertson,  Stephenson,  Senter,  Smith,  Smartt,  Scott,  Whitson, 
White,  Webster  and  Weaklcy;  43. 

And  so  said  proposition  was  rejected. 

Mr  HUMPHREYS  moved  that  the  words  "the  jurisdiction  of  said  officers 
shall  be  co-extensive  with  said  county"  be  stricken  from  the  sixth  line  of 
the  said  fifteenth  section,  and  to  insert  in  lieu  thereof  the  words 
"the  limits  of  the  jurisdiction  of  said  officers  shall  be  regulated  by  law." 

Mr  CHEATHAM  moved  to  lay  said  proposition  on  the  table;  which  mo- 
tion prevailed;  ayes  35,  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Bradshaw,  Blount,  Cannon, 
Cobbs,  Cheatham,  Cross,  Gray,  Gordon,  Hodges,  Huntsman,  Hess,  Kel- 
ly, Kincannon,  Kincaid,  Kendall,  Kimbrough,  McClellan,  Marr,  Neil, 
Porter,  Roadman,  Robertson,  Stephenson,  Senter,  Smith,  Smartt,  Scott, 
Ury,  Whitson,  Walton,  White,  Webster  and  Weakley;  35. 

The  negative  voters  are, 

Messrs.  Alien,  Alexander,  Burton,  Childress,  Cahal,  Douglass,  Fulton, 
Fogg,  Garrett,  Gillespy,  Hill,  Humphreys,  Ledbetter,  Loving,  Robert 
J.  McKinney,  McGaughey,  Montgomery,  Nelson,  Purdy,  Richardson, 
Ridley  and  Sharp;  22. 

And  so  said  proposition  was  indefinitely  postponed. 

Mr  STEPHENSON  then  renewed  his  motion  to  add  to  said  section  the 
following  words;  to  wit: 

"Which  addition  shall  not  exceed  one  Justice  for  every  two  hun- 
dred qualified  voters": 

Which  proposition  was  rejected;  ayes  27,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  STEPHENSON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Bradshaw,  Cannon,  Childress,  Ca- 
hal, Cobbs,  Fulton,  Fogg,  Gillespy,  Huntsman,  Humphreys,  Kelly,  Ken- 
dall, Kimbrough,  Ledbetter,  McClellan,  McGaughey,  Neil,  Porter, 
Purdy, Roadman,  Robertson,  Stephenson,  Sharp,  Scott  and  Webster;  27. 
The  negative  voters  are, 

Messrs.  Armstrong,  Alexander,  Burton,  Blount,  Cheatham,  Cross, 
Douglass,  Garrett,  Gray,  Gordon,  Hodges,  Hill,  Hess,  Kincannon,  Kin- 


341 

caid,  Loving,  Robert  J.  McKinney,  Mabry,  Montgomery,  Marr,  Nel- 
son, Richardson,  Ridley,  Senter,  Smith,  Smarlt,  Uiy,  Whitson,  Walton 
White  and  Weakley;  31. 

And  so  said  proposition  was  rejected. 

Mr  ALEXANDER  moved  to  strike  out  from  the  said  fifteenth  section 
the  words  "there  shall  be  two  Justices  of  the  Peace  and  one  Constable 
elected  in  each  District,  by  the  qualified  voters  therein":  and  to  insert 
in  lieu  thereof  the  words  "there  shall  be  elected  for  the  county  two 
Justices  of  the  Peace  and  one  Constable,  in  each  District,  by  the  qual- 
ified voters  therein": 

Which  motion  was  rejected. 

Mr  PORDY  moved  to  strike  out  the  word  "shall"  from  the  fifth  line, 
for  the  purpose  of  inserting  the  word  "may": 

Which  proposition  was  rejected. 

Mr  CANNON  moved  to  strike  out  from  the  said  fifteenth  section  the 
words  "so  that  the  whole  number  in  each  county  shall  not  be  more 
than  twenty-five,  or  four  for  every  one  hundred  square  miles." 

Which  proposition  was  rejected. 

Mr  CAHAL  moved  to  strike  out  the  word  "for"  from  the  eighth  line, 
and  to  insert  the  word  "in"  in  lieu  thereof: 

Which  motion  prevailed. 

Mr  COBBS  moved  to  strike  out  the  words  "twenty-five"  from  the  third 
line,  for  the  purpose  of  inserting  the  word  "thirty"  in  lieu  thereof. 

Whereupon  Mr  HUNTSMAN  moved  the  previous  question:  which  pre- 
vailing, 

The  said  fifteenth  section,  as  amended,  was  adopted. 

The  seventh  article  was  then  taken  up: 

The  first  section  thereof  was  read  and  adopted. 

The  second  section  having  been  read, 

Mr  FOGG  moved  to  strike  from  the  fourth  line  thereof,  the  word  "va- 
cancy", and  to  insert  in  lieu  thereof  the  word  "office": 

Which  motion  prevailed. 

The  said  second  section,  as  amended,  was  then  adopted. 

The  third  and  fourth  sections  were  then  read  and  adopted. 

The  fifth  section  having  been  read, 

Mr  ALLEN  moved  that  said  fifth  section  be  stricken  out: 

Which  proposition  was  rejected. 

Mr  STEPHENSON  moved  to  strike  out  from  the  second  line  of  said 
section  the  word  "given"  and  to  insert  in  lieu  thereof  the  word  "sub- 
mitted": 

Which  proposition  was  rejected. 

Mr  MABRY  moved  that  the  words  "take  place  on  the  first  Thursday 
of  May  one  thousand  eight  hundred  and  thirty-six,  and  forever  thereaf- 
ter on  the  first  Thursday  of  May",  be  inserted  in  said  section,  after  the 
word  "shall"  in  the  second  line,  and  in  lieu  of  all  the  remainder  of  said 
section: 

Which  proposition  was  rejected. 

Mr  KINCALD  moved  to  strike  out  from  the  second  line  of  said  section, 


342 

the  words  "shall  be'5  for  the  purpose  of  inserting  in  their  stead  the  word 
"is". 

Mr  JOHN  A.  McKiNNEY  moved  to  amend  said  motion,  by  striking  out 
the  words  "shall  be  given  to  the  people  by  this  Constitution"  and  in- 
serting in  lieu  thereof  "as  the  people  are,  by  this  Constitution,  to  elect." 

In  lieu  of  which  proposed  amendments  and  in  lieu  of  the  whole  of 
said  section,  Mr  CAHAL  offered  the  following;  to  wit:, 

"The  election  of  such  county  and  other  officers  as  is  to  be  made  by 
the  people  shall  be  held  on  the  first  Thursday  in  August  in  a  different 
year  from  that  in  which  the  Members  of  the  Legislature  and  the  Gov- 
ernor are  elected." 

And  the  question  thereon  being  had,  it  was  determined  in  the  nega- 
tive ;  ayes  7,  noes  49. 

The  ayes  and  noes  being  demanded  by  Mr.  CAHAL, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Blount,  Cahal,  Cheatham,  Douglass,  Hunts- 
man and  Weakley;  7. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Cannon, 
Childress,  Cobbs,  Cross,  Fulton,  Fogg,  Gray,  Gordon,  Hodges,  Hill, 
Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  Ledbetter, 
Loving,  McClellan,  Robert  J.  McKinncy,  John  A.  McKinney,  Mabry, 
McGaughey,  Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Road- 
man, Richardson, Ridley,  Robertson,  Stephenson,  Senter,  Smith,  Smartt, 
Sharp,  Scott,  Ury,  Whitson,  Walton,  White  and  Webster;  49. 

And  so  said  proposition  was  rejected. 

The  question  then  recurred  upon  the  amendment  proposed  by 
Mr  John  A.  McKinney;  and  being  had  thereon,  it  was  determined  in 
th'a  affirmative. 

Said  fifth  section,  as  amended,  was  then  adopted. 

The  eighth  article  was  then  taken  up. 

The  first  section  having  been  read, 

Mr.  HUNTSMAN  offered  the  following  as  an  addition  to  said  section 
at  the  beginning  thereof;  to  wit  : 

"The  Majors  General  shall  be  elected  by  the  field  officers  of  their 
respective  divisions." 

Which  was  determined  in  the  negative;  ayes  15,  noes  43  : 

The  ayes  and  noes  being  demanded  by  Mr.  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Cahal,  Cobbs,  Douglass,  Fulton,  Gar- 
rett,  Gray,  Huntsman,  Kendall,  Loving,  Richardson,  Robertson,  Scott, 
Ury  and  Weakley;  15. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Cannon,  Childress,  Cheatham,  Cross,  Fogg,  Gillespy,  Gordon,  Hodges, 
Hill,  Humphreys,  Hess,  Kelly,  Kincaid,  Kimbrough,  Ledbetter,  Mc- 
Clellan, Robert  J.  McKinney,  John  A.  McKinney,  Mabry,  McGaughey, 
Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Ridley, 


343 

Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Whitson,  Walton,  White  and 
Webster;  43. 

And  so  said  proposition  was  rejected. 

Said  first  section  was  adopted. 

The  second  section  having  been  read, 

Mr.  PORTER,  moved  to  amend  said  section  by  inserting  in  the  first 
line  thereof,  after  the  words  "Adjutant  General,"  the  words  "and  his 
other  staff  officers." 

Which  motion  prevailed. 

Mr.  KINCAID  moved  to  amend  said  section,  by  inserting  in  the  last 
line  thereof,  after  the  word  "shall",  the  word  "respectively": 

Which  motion  also  prevailed  ;  and 

Said  section,  as  amended,  was  adopted. 

The  third  section  was  read  and  adopted. 

The  ninth  article  was  then  taken  up. 

The  first  and  second  sections  thereof  were  read  and  adopted. 

The  third  section  having  been  read, 

Mr.  CHILDRESS  moved  to  strike  from  the  first  line  thereof  the  woids 
"being  a  citizen  of  this  State  or  a  resident  therein": 

Which  motion  prevailed. 

Mr.  FULTON  offered  the  following  in  lieu  of  said  section  ;  to  wit : 

"The  Legislature  may  provide  by  law  that  no  person  shall  be  capa- 
ble of  holding  or  being  elected  to  any  post  of  profit,  trust  or  emolu- 
ment, civil  or  military,  legislative,  executive  or  judicial,  under  the 
government  of  this  State,  who  shall  hereafter  fight  a  duel,  or  send  or 
accept  a  challenge  to  fight  a  duel,  the  probable  issue  of  which  may  be 
the  death  of  the  challenger  or  challenged  ;  or  who  shaU  be  a  second 
to  either  party,  or  who  shall  in  any  manner  aid  or  assist  in  such  duel; 
or  shall  be  knowingly  the  bearer  of  such  challenge  or  acceptance": 

Which  was  rejected. 

Mr.  KINCANNON  moved  to  amend  said  section,  by  inserting  in  the 
second  line  thereof,  after  the  word  "duel",  the  words  "in  this  State": 

Which  proposition  was  also  rejected. 

The  question  was  then  had  on  the  adoption  of  said  third  section  ; 
and  determined  in  the  affirmative  ;  ayes  46,  noes  12. 

The  ayes  and  noes  being  demanded  by  Mr.  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Blount, 
Cannon,  Childress,  Cheatham,  Cross,  Douglass,  Fogg,  Garrett,  Gil- 
lespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hess,  Kelly,  Kincaid, 
Kimbrough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Montgomery,  Marr,  Neil,  Roadman,  Rich- 
ardson, Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Scott,  Ury, 
Whitson,  Walton,  White,  Webster  and  Weakley;  46. 

The  negative  voters  are, 

Messrs.  Armstrong,  Burton,  Cahal,  Cobbs,  Fulton,  Humphreys, 
Kincannon,  Mabry,  Nelson,  Porter,  Purdy  and  Robertson  ;  12. 

And  so  said  third  section,  as  amended,  was  adopted. 


344 

The  tenth  article  was  then  taken  up. 

The  first  section  thereof  was  read  and  adopted. 

The  second  section  having  been  read, 

Mr.  LEDKETTER  moved  to  strike  therefrom  the  words  "I  will  in  all 
appointments,  vote  without  favor,  affection,  partiality  or  prejudice  ; 
and  that": 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  24,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr.  LEDEETTER, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Childress,  Cahal,  Cheatham,  Cross,  Douglass, 
Garrett,Gillespy,  Gordon,  Humphreys,  Kincannon,  Kimbrough,  Led- 
better,  Mabry,  Marr,  Neil,  Purdy,  Richardson,  Ridley,  Robertson, 
Sharp,  Scott,  Whitson  and  Walton  ;  24. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Bur- 
ton, Blount,  Cannon,  Cobbs,  Fulton,  Fogg,  Gray,  Hodges,  Hill,  Hunts- 
man, Hess,  Kelly,  Kincaid,  Loving,  McClellan,  Robert  J.  McKin- 
ney,  John  A.  McKinney,  McGaughey,  Montgomery,  Nelson,  Porter, 
Roadman,  Stephenson,  Senter,  Smieh,  Smartt,  Ury,  White,  Webster 
and  Weakley  ;  34. 

And  so  the  Convention  refused  to  strike  out,  as  proposed. 

The  said  second  section  was  then  adopted. 

The  third  section  was  read  and  adopted. 

The  fourth  section  having  been  read, 

Mr.  MONTGOMERY  moved  to  amend  said  section,  by  adding  the  fol- 
lowing proviso  thereto;  to  wit : 

"And  provided  also,  that  the  county  of  Humphreys  may  be  divided 
at  such  time  as  may  be  prescribed  by  the  Legislature,  making  the 
Tennessee  river  the  dividing  line,  a  majority  of  the  qualified  voters 
of  said  county  voting  in  favor  of  said  division  :" 

Which  motion  prevailed. 

Mr.  MCCLELLAN  moved  to  amend  said  section,  by  adding  the  fol- 
lowing proviso  thereto,  to  wit ; 

"And  provided  also,  that  the  county  of  Sullivan  may  be  reduced  be- 
low six  hundred  and  twenty-five  square  miles  ;  but  the  line  of  any 
new  county  which  may  be  hereafter  laid  off,  shall  not  approach  the 
county  seat  of  said  county  nearer  than  ten  miles": 

Which  motion  prevailed. 

Mr.  KINCANNON  moved  to  amend  said  section,  by  inserting  in  the 
sixteenth  and  in  the  nineteenth  lines,  after  the  words  "separate  coun- 
ty," C;provided  it  shall  contain  three  hundred  and  fifty  square  miles": 

Which  motion  prevailed. 

Mr.  KINCAID  moved  to  amend  said  section,  by  inserting  in  the  ele- 
venth line  thereof  after  the  word  "but",  the  words  "shall  not  be  re- 
duced below  four  hundred  and  seventy-five  square  miles,  and": 

Which  motion  prevailed. 


345 

Mr.  CANNON  offered  the  following  as  an  amendment  to  said  section; 
to  wit : 

uln  the  event  one  new  county,  containing  the  territory  herein  before 
mentioned,  cannot  be  had  on  the  east,  including  the  surplus  territory 
of  Warren,  Franklin  and  Bedford,  and  also  one  new  county  on  the 
west  side  of  Bedford,  including  the  surplus  territory  of  Maury,  Giles, 
Lincoln  and  Bedford  :  but  should  there  be  sufficient  territory  for  the 
new  counties  as  aforesaid,  without  the  reduction  of  Bedford  county  be- 
low the  contents  of  six  hundred  and  twenty-five  square  miles,  then  and 
in  that  case,  said  county  of  Bedford  shall  not  be  reduced  below  the 
contents  allowed  generally  to  other  old  counties." 

But  before  any  action  was  had  thereon, 

The  Convention  adjourned. 


TUESDAY,  August  26, 1834. 


The  Convention  met  according  to  adjournment,  and  was  opened 
with  prayer,  by  the  Rev.  Mr  HESS  of  the  Cumberland  Presbyterian 
Church. 

Mr.  BLOUNT,  from  the  Committee  on  Internal  Improvement,  made 
the  following 

REPORT : 

"Whereas  the  geographical  position  of  Tennessee,  in  reference  to 
the  other  States  of  the  Union,  she  being  central,  and  whereby,  she  is, 
every  where,  separated  at  a  great  distance  from  the  national  frontier,, 
a  situation  affording  a  peculiarly  favorable  position  for  usefulness  ;  a  po- 
sition, which  gives  her  population,  and  her  citizen-soldiers  the  enviable 
character  of  disposable  force,  with  the  glorious  privilege  of  being  per- 
mitted, in  a  state  of  war,  to  fly  to  the  succor  of  whatever  part  of  the 
national  frontier  may  be  the  theatre  of  war,  and  to  co-operate  in  the 
national  defence  with  whatever  sister  State  orTerritory  may  be  assail- 
ed by  an  invading  foe;  thereby  demonstrating  to  the  world,  the  hitherto 
doubtful  political  problem,  that  freemen  know  how  to  appreciate,  equal- 
ly, the  kindred  privileges  and  duties  of  self-government,  and  self  (or 
national )  detence — privileges  and  duties  equally  essential  to  the  effi- 
cient maintenance  of  our  republican  institutions,  and  our  national  in- 
dependence— privileges  and  duties,  in  the  vigorous  exercise  and  dis- 
charge of  which  we  may  contribute  to  prove,  to  a  hitherto  doubting, 
and  a  future  admiring  world,  that  the  freest  and  happiest  of  republics 
maybe,  in  war,  the  most  powerful  and  invulnerable  of  nations.  And 
whereas,  steam  power,  applicable  to  ships  and  other  vessels  of  war, 
as  well  as  to  the  every  species  of  military  carriage  or  vehicle  of  trans- 
portation that  moves  on  land,  cannot  but  tend  to  produce  a  revolution 
in  military  operations  and  military  science,  whereby,  nations  will,  in 
future,  be  attacked  with  the  aid  of  steam,  and  consequently,  with  a 
celerity  of  movement  which  must  subject  the  assailed  nation  to  inevi- 


346 

table  destruction,  unless  she  also  employs  steam  power,  and  in  her 
measures  is,  in  vital  and  vulnerable  points,  prepared  to  oppose  to  the 
enemy's  rapid  approach,  disposable  force  and  supplies  thrown  with  in- 
creased rapidity,  from  the  central  States  and  districts  to  the  maritime 
and  inland  frontier.  And  whereas,  for  these  objects,  it  is  essential  to 
the  purposes  of  the  national  defence,  that  the  States,  in  their  separate 
and  sovereign  capacity,  should  co-operate  with  each  other  in  carrying 
into  effect  a  principle  consecrated  by  the  wisdom  of  Washington,  and 
embraced  in  the  parental  admonition  found  in  the  rich  legacy  which  he 
has  left  us,  "In  peace  prepare  for  war": — And  whereas,  a  system  of 
rail  roads,  extending  through  this  State,  and  from  thence  to  such  parts 
of  the  national  frontier  as  our  sister  States  may  deem  proper,  would  not 
only  provide  mainly  for  the  national  defence,  by  enabling  us  to  send, 
in  the  space  of  four  days'  time,  any  part  of  our  disposable  force  and 
abundant  supplies  to  any  part  of  the  maritime  frontier  between  the 
Chesapeake  Bay  and  the  river  Sabine,  but,  by  these  rail  roads,  we 
should  contribute  to  relieve  the  agriculture  and  commerce  of  our  State 
of  a  large  portion  of  their  expense  of  transportation,  give  to  every  citi- 
zen of  the  State,  our  invaluable  and  beloved  patriotic  State, the  advan- 
tage of  a  choice  of  the  best  and  all  desirable  markets  at  a  trifling  expense, 
for  whatever  redundant  produce  his  ingenuity,  enterprise,  means  or  indus- 
try may  enable  him  to  furnish  for  market:  and  moreover  afford  to  the  State, 
whenever  disposed  to  take  an  interest  in  those  improvements,  a  clear 
revenue  sufficient  to  fill  our  treasury  and  support  her  civil  list,  as  well 
as  provide  extensively  for  the  education  of  her  youth:  and  all  these 
without  taxes  on  her  people — therefore 

Resolved,  That  State  and  County  internal  improvement  shall  forever 
be  encouraged  by  the  Government  of  this  State:  and  that  it  shall  be  the 
duty  of  the  Legislature,  as  soon  as  may  be,  and  from  time  to  time,  to  make 
provision  by  law,  for  ascertaining  the  most  proper  objects  of  improve- 
ment, in  relation  both  to  roads  and  our  navigable  waters,  pointing  out  the 
particular  description  of  either  most  practicable  to  be  effected,  at  the  most 
reasonable  expense:  and  that  it  shall  be  their  duty  also,  to  provide  by 
law  for  a  systematic  and  economical  application  of  any  funds,  at  any 
time  appropriated  to  those  objects,  all  to  be  under  a  due  course  of  ao 
countability, at ;  fixed  and  short  periods:  and  that  to  these  ends,  the  same 
be  placed  under  the  superintendence  and  direction  of  a  board  of  public 
works,  the  commissioners  of  which  shall,  from  time  to  time,  be  appointed 
by  the  Legislature,  the  President  of  which  board  shall,  from  time  to  time, 
at  fixed  periods,'  report  the  amount,  application  and  other  particulars  of, 
and  relative  to  said  funds  and  proceedings  of  the  board,  to  the  Legisla- 
ture, who  shall  order  publications  thereof  to  be  made  and  distributed, 
for  the  information  of  the  people,  at  the  close  of  each  stated  session  of 
the  Legislature,  together  with  a  statement  of  the  situation  and  progress 
of  each  description  of  such  improvements,  to  be  filed  and  recorded  in 
the  office  of  the  Secretary  of  State,  subject  to  the  call  and  inspection  of 
the  Legislature  or  either  branch  thereof,  and  to  that  of  the  Governor, 


347 

for  the  information  of  the  Legislative  and  Executive  departments    of 
the  Government. 

And  be  it  further  resolved,  That  the  Legislature  shall  have  power  and 
authority  to  grant  charters  of  incorporation  to  such  companies  as  may 
form  themselves  into  associations  for  the  purpose  of  undertaking  and 
carrying  on  internal  improvement,  either  on  land  or  hy  water,  in  any 
part  of  the  State,  with  their  own  capital,  either  in  hand  or  such  as  they 
may  obtain  by  opening  books  of  subscription  for  the  purpose  of  raising 
or  increasing  their  capital:  and  that  the  Legislature  be  also  authorized 
to  provide,  that  the  State  may,  at  its  discretion,  subscribe  for  some  defi- 
nite number  of  shares  with  said  company  or  companies:  and  that  said 
companies,  as  to  the  application  of  funds,  be  subject  to  such  regulations 
as  shall, from  time  to  time,  be  prescribed  bylaw:  and  that  full  and  re- 
gular reports  of  the  proceedings  of  such  company  or  companies  shall, 
at  stated  periods,  be  made  to  the  Legislature  of  this  State,  which  shall 
be  filed  and  recorded  in  the  Secretary  of  State's  office,  for  the  inspec- 
tion of  the  Legislative  and  Executive  departments  of  the  government; 
and  that  they  be  published,  from  time  to  time,  for  the  information  of 
the  people  of  the  State  at  large,  and  that  all  due  accountability  of  such 
company  or  companies  be  enjoined  by  law,  at  stated  periods  to  be  per- 
formed and  in  such  manner  and  time  as  shall  be  prescribed  by  law. 

IN  CONVENTION,  July  23, 1831. 

To  the  Convention,  in  session,  for  the  Slate  of  Tennessee : 
We,  your  committee,  to  whom  was  referred  the  preamble  and  resolu- 
tions on  the  subject  of  State  and  County  internal  improvement,  intro- 
duced July  23,  1834,  of  which  the  foregoing  are  copies,  beg  leave  to 
state,  that  we  have  had  the  same  under  consideration,  and  having  duly 
considered  them,  and  concurring  in  the  opinion  of  their  correctness,  and 
viewing  them  as  calculated  to  lead  to  great  utility  in  aiding  the  prosper- 
ity of  this  State;  and  also  concurring  in  the  justness  of  the  liberal  and 
wide-spread  view  therein  mentioned,  and  of  the  importance  of  State 
and  Coimty  internal  improvement  set  forth  in  those  resolutions" and  pre- 
amble, if  those  objects  are  carried  into  effect;  and  taking  them  as  the 
basis  for  the  action  of  this  committee,  we  ask  leave  to  incorporate  them 
herewith,  and  to  report  them  herein,  as  a  part  of  the  report  of  your 
committee,  and  to  recommend  their  adoption  by  the  Convention,  and 
also  respectfully  to  suggest,  that  a  provision  be  inserted  in  this  Constitu- 
tion, that  State  and  County  internal  improvement,  by  land  and  water, 
shall  forever  be  encouraged  by  the  government  cf  this  State;  and  that 
it  shall  be  the  duty  and  business  of  the  Legislature  to  carry  such  provi- 
sion into  full  and  complete  effect;  and  that  it  shall  be  the  duty  also  of 
that  body,  to  provide  by  law,  for  a  safe,  systematic  and  economical  ap- 
plication of  such  funds,  placed  under  strict  accountability  for  the  dis- 
bursement, as  may  from  time  to  time  be  raised,  donated  or  subscribed 
in  any  manner,  and  appropriated  to  those  objects  of  internal  improve- 
ment which  the  State  and  each  and  every  of  her  citizens  have  an  inex- 
pressibly valuable  interest  in  having  consummated:  and  furthermore^ 


348 

that  the  Legislature  be  authorized  to  carry  the  necessary  provisions  and 
measures  therefor  into  effect,  in  such  manner  and  as  promptly,  as  it,  in 
its  discretion  as  to  mode,  may  deem  most  proper  and  most  conducive  to 
the  public  interest,  and  most  proper  to  accommodate  the  people,  and 
most  effectually  to  serve  them,  by  keeping  them  unburthened  by  taxes; 
to  wit:  by  granting  charters  to  incorporated  companies,  as  before  sug- 
gested, as  the  best  mode  to  obtain  a  clear  revenue,  sufficient,  if  the  State 
have  an  interest  with  said  companies,  not  only  to  fill  her  treasury  and 
support  her  civil  list,  but  as  well  a«  to  provide  extensively  for  the  educa- 
tion of  her  youth,  as  New  York  and  some  other  States  of  this  Union 
have  done  without  taxes  on  their  people,  besides  other  benefits  of  great 
value  accrued, and  last  accruing  there  to  those  States  and  their  people, 
placed  in  the  most  prosperous  condition  by  thus  encouraging  internal 
improvements,  leading  to  a  lively  intercourse  and  an  advantageous 
commerce  to  the  States  encouraging  and  cherishing  such  improvements; 
and  Tennessee,  second  to  no  State  in  the  Union,  in  point  of  advanta- 
geous situation,  and  of  importance,  in  prospective,  filled  with  means  and 
with  men  of  enterprise,  with  integrity  and  intelligence  to  direct  lauda- 
ble objects,  and  to  conduct  them  with  spirit  and  industry  to  the  highest 
attainable  point  in  usefulness,  can  do  the  same  which  New  York,  Penn- 
sylvania, Ohio  and  other  enterprising  States  in  well  directed  internal 
improvements  have  done  and  are  experiencing  the  benefits  of;  benefits 
in  a  large  degree  contributed  to,  by  the  intercourse  and  profits  of  com- 
merce carried  on  through  such  mediums  with  other  States,  which  have 
sent  their  trade  and  commerce  thither.  And  your  committee  respectful- 
ly add,  that  well  regulated  and  well  secured  companies  in  public  confi- 
dence, can  obtain,  as  is  well  known,  any  amount  of  capital  they  please, 
by  subscription  or  on  loans,  at  a  moderate  interest,  which  interest  the 
lenders  would  rather  receive  from  time  to  time  as  best  suits  the  borrow- 
ers, than  to  receive  theamount  loaned,  as  exemplified  in  New  York  and 
in  Pennsylvania,  as  well  as  in  Ohio,  where  a  return  of  the  .capital  has 
been  tendered  and  refused  by  the  lenders,  who  prefer  to  receive  the  in- 
terest only,  whilst  the  borrowers  are  profiting  by  the  use  of  the  capital, 
which  produces  if  they  please,  a  compound  interest  in  the  increased  and 
increasing  value  of  their  improvements. 

All   which  premises  are  respectfully  and  confidently  submitted. 

WILLIE  BLOUNT, 

Chairman  of  the  Committee. 

NASHVILLE,  August  26,  1834. 

On  motion  of  Mr  BURTON,  the  report  of  the  committee  to  whom  was. 
referred  the  resolution  directing  an  inquiry  as  to  the  most  convenient 
plan  of  submitting  the  amended  Constitution  to  the  people,  for  their  rati- 
fication or  rejection,  was  recommitted  to  said  committee. 

Mr  KINCAID  presented  the  memorial  of  sundry  citizens  of  Bedford 
county,  on  the  subject  of  anew  county  and  in  support  of  the  course  pur- 
sued by  the  Delegates  from  said  county  on  that  subject: 

Which  was  read  and  ordered  to  the  table. 


349 

Mr  BRADSIIAW  presented  the  memorial  of  sundry  citizens  of  Jefferson 
county,  on  the  subject  of  emancipation: 

Which,  on  motion  of  Mr  KIMBROUGH,  was  ordered  to  the  table. 

On  motion  of  Mr  HUNTSMAN, 

Ordered,  That  Adam  R.  Alexander  have  leave  to  withdraw  the  pa- 
pers filed  by  him,  in  the  contested  election  between  himself  and  Edward 
Ward. 

On  motion  of  Mr  HUNTSMAN, 

The  Constitution,  so  far  as  amended  on  its  third  reading,  was  referred 
to  the  revising  Committee. 

On  motion  of  Mr  GARRETT,  the  Constitution  was  then  taken  up;  and 
the  amendment  of  Mr  Cannon  to  the  fourth  section  of  the  tenth  article, 
being  the  subject  for  the  consideration  of  the  Convention,  was  thereupon 
read. 

Mr  GARRETT  moved  that  said  amendment  be  laid  on  the  table  indefi- 
nitely: 

Which  motion  prevailed. 

Mr  CANNON  then  offered  the  following  amendment  to  said  fourth  sec- 
tion ;  to  be  inserted  after  the  words  "square  miles",  in  the  eleventh  line 
thereof;  to  wit: 

"Should  there  not  be  enough  of  the  surplus  territory  of  Franklin, 
Warren  and  Bedford  counties  to  make  one  new  county,  on  the  east, 
containing  four  hundred  square  miles,  and  also  a  sufficiency  on  the  west, 
including  the  surplus  territory  of  Maury,  Giles,  Lincoln  nnd  Bedford, 
for  another  new  county,  but  in  the  event  there  should  not  be  territory 
sufficient  for  the  new  counties  as  aforesaid,  then  and  in  that  case  the 
county  of  Bedford  may  be  reduced  so  far  only  as  will  make  up  the  de- 
ficiency of  territory  required  for  said  new  counties." 

Mr  VVEBSTER  moved  that  the  said  amendment  be  laid  on  the  table, 
until  the  first  day  of  January  next: 

Which  motion  prevailed. 

Mr  WALTON  moved  a  reconsideration  of  the  vote  taken  yesterday,  on 
the  adoption  of  Mr  Kincannon's  amendment  to  the  fourth  section: 

Which  motion  prevailed. 

Thereupon  Mr  KINCANNON  withdrew  his  amendment. 

Mr  ALLEN  moved  to  amend  said  section,  from  the  word  "county"  in 
the  twelfth  line  to  the  middle  of  the  twenty-first  line,  so  as  to  read  when 
amended  as  follows;  to  wit: 

"Provided  also,  that  all  that  part  of  Smith  County  which  lies  south  of 
a  direct  east  and  west  line,  to  be  run  across  the  county,  from  a  point 
that  will  leave  the  present  court-house  fifteen  miles  north  of  any  part 
thereof,  may  of  itself,  or  in  conjunction  with  the  territory  of  other  ad- 
joining counties,  if  there  should  be  a  surplus  in  said  counties,  be  form- 
ed into  a  separate  county;  provided  it  contains  three  hundred  and  fifty 
square  miles  :  Also,  all  th  it  part  of  Smith  county,  which  lies  north  of  a 
direct  cast  and  west  line,  to  be  run  across  the  county,  from  a  point  that 
will  leave  the  present  court-house,  fifteen  miles  south  of  any  part  there- 
of, may  of  itself,  or  in  conjunction  with  the  territory  of  other  counties, 


350 

if  there  should  be  a  surplus  in  said  counties,  be  formed  into  a  separate 
county,  whenever  a  new  county  shall  have  been  established  out  of  the 
south  part  of  said  county,  as  herein  provided  for,  and  not  before,  unless 
it  also  contains  three  hundred  and  fifty  square  miles;  in  such  manner  as 
the  Legislature  may  hereafter  direct,  whenever  it  shall  be  made  to  ap- 
pear that  a  majority  of  the  qualified  voters,  within  the  bounds  intended 
to  be  separated,  consent  thereto." 
Which  amendment  was  adopted. 

Mr  LEDBETTER  offered  the  following  as  an  amendment  to  said  sec- 
tion; to  wit: 

"The  counties  of  Bledsoe  and  Marion  shall  not  be  reduced  below 
one  thousand  qualified  voters  each,  in  forming  a  new  county  or  coun- 
ties." 

Which  amendment  was  adopted. 

Mr  HuNTS3tAN  proposed  the  following  amendment  to  said  fourth  sec- 
tion; to  wit: 

"And  provided  also  that  the  counties  of  Carter,  Rhea  and  Hum- 
phreys, shall  not  be  divided  into  more  than  two  counties  each.  Nor 
shall  more  than  one  new  county  be  taken  out  of  the  territory  now  com- 
prising the  counties  of  Tipton  and  Dyer.  Nor  shall  the  seats  of  jus- 
tice in  the  counties  of  Rhca,  Carter,  Tipton  and  Dyer  be  removed  with- 
out a  concurrence  of  two  thirds  of  both  branches  of  the  Legislature." 
Which  amendment  was  adopted. 

Mr  CANNON  moved  to  strike  out  the  word  "majority"  from  the  fifth 
line  of  said  section  and  to  insert  the  words  "two-thirds": 
Which  motion  was  lost. 

Mr  WALTON  moved  to  strike  out  the  exceptions  in  said  section  in  re- 
lation to  Smith  county. 
Which  motion  prevailed. 

Mr  CANNON  moved  to  strike  out  the  exception  in  relation  to  Bedford 
county:  and  the  question  being  had  thereon,  it  was  determined  in  the 
negative;  ayes  15,  noes  40. 

The  ayes  and  noes  being  demanded  by  Mr  FULTON, 
The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Cannon,  Childress,  Fulton,  Fogg,  Hum- 
phreys, Led  better,  Loving,  Purdy,  Robertson,  Stephenson,  Scott,  Ury 
and  White;  15. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Burton,  Blount,  Cabal,  Cobbs, 
Cheatham,  Douglass,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill, 
Huntsman,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough, 
McClellan,  Robert  J.  McKinney,  Mabry,   McGaughey,  Montgomery, 
Neil,  Nelson,   Porter,  Roadman,  Richardson,  Ridley,  Senter,  Smith, 
Smartt,  Sharp,  Whitson,  Walton,  Webster  and  Weakley;  40. 
And  so  the  Convention  refused  to  strike  out,  as  proposed. 
Mr  ROBERTSON  moved  to  strike   all  the  special  provisions  from  the 
said  section,  beginning  with  the  word  "P-rwided"  in  the  ninth  line 
thereof : 


351 

And  the  question  being  had  thereon,'it  was  determined  in  the  nega- 
tive; ayes  16,  noes  39. 

The  ayes  and  noes  being  demanded  by  Mr  ROBERTSON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Cannon,  Childress,  Douglass,  Ful- 
ton, Gillespy,  Humphreys,  Kimbrough,  Mabry,  Porter,  Purdy,  Robert- 
son, Scott  and  White;  1(3. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Blount,  Cabal,  Cobbs,  Cheat- 
ham,  Fogg,  Garrctt,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Hess,  Kel- 
ly, Kincannon,  Kincaid,  Kendall,  Ledbetter,  Loving,  McCJellan,  Ro- 
bert J.  McKinney,  McGaughey,  Montgomery,  Neil,  Nelson,  Roadman, 
Richardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury, 
Whitson,  Walton,  Webster  and  Weakley;  39. 

And  so  the  Convention  refused  to  strike  out  said  special  provisions. 

Mr  PORTER  moved  the  following  amendment,  to  be  inserted  after 
the  amendment,  heretofore  adopted  on  motion  of  Mr  Kincaid  and  in- 
serted after  the  word  "but",  in  the  eleventh  line;  to  wit: 

"There  shall  not  be  laid  off  more  than  one  new  county  on  the  West, 
and  one  on  the  East  adjoining  the  county  of  Bedford,  and"; 

Which  amendment  was  adopted.  • 

The  said  fourth  section,  as  amended,  was  adopted. 

The  fifth  section  having  been  read, 

Mr  LEDBETTER  offered  the  following  as  an  addition  to  said  section;  to 
wit: 

"Until  the  next  apportionment  of  Members  to  the  General  Assembly, 
after  such  new  county  may  be  established"; 

Which  amendment  was  adopted. 

The  said  fifth  section,  as  amended,  was  then  adopted. 

Mr  FOGG,  from  the  Committee  to  whom  was  assigned  the  duty  of  cor- 
recting the  phraseology  of  the  amended  Constitution,  made  a  report, 
that  the  said  Committee  have  carefully  examined  the  first,  second,  third, 
fourth  and  fifth  articles,  and  had  instructed  him  to  recommend  sundry 
amendments  and  erasures: 

AH  of  which  were  severally  read  and  concurred  in. 

The  eleventh  article  was  taken  up: 

The  first  section  thereof  being  read,  was  adopted. 

Mr  FOGG  proposed  that  the  following  be  inserted  and  constitute  the 
second  section  of  said  article;  to  wit: 

"Nothing  contained  in  this  Constitution  shall  impair  the  validity  of 
any  debts  or  contracts,  or  affect  any  rights  of  property,  or  any  suits,  ac- 
tions or  rights  of  action,  or  other  proceedings  in  courts  of  justice." 

Which  was  received,  and  adopted  as  the  second  section. 

The  third  section  being  read, 

Mr  PORTER  moved  to  amend  said  section,  by  adding  the  following 
thereto:  "nor  shall  wiore  than  two  amendments  be  submitted  to  the 
people  at  the  same  time." 

Which  was  rejected ; 


352 

And  said  third  section  was  adopted. 

Mr  CARTER  proposed  that  the  following  be  inserted  and  constitute 
the  fourth  section  of  said  article;  to  wit: 

"The  Legislature  shall  have  no  power  to  create  any  Stock  to  be 
vested  in  any  Bank,  which  would  operate  as  a  pledge  of  public  faith, 
and  subject  taxable  polls  and  property  within  this  State  to  taxation  for 
its  redemption." 

Mr  HUMPHREYS  moved  to  lay  said  proposition  on  the  table: 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive; ayes  28,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr.  CARTER, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Burton,  Childress,  Cabal,  Cobbs,  Cross,  Fulton, 
Fogg,  Gillespy,  Gray,  Hill,  Humphreys,  Kelly,  Ledbetter,  Loving, 
Mabry,  Neil,  Porter,  Purdy,  Richardson,  Ridley,  Smartt,  Sharp,  Scott, 
Ury,  White,  Webster  and  VVeakley  ;  28. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Blount, 
Cannon,  Cheatham,  Douglass,  Garrett,  Gordon,  Hodges,  Huntsman, 
tV^s.  Kincannon,  Kincaid,  Kendall,  Kimbrough,  McClellan,  Robert  J. 
Mcvlinney,  John  A.  McKinney,  McGaughey,  Montgomery,  Roadman, 
Robertson,  Stephenson,  Senter,  Smith,  Whitson  and  Walton  ;  29. 

And  so  the  Convention  refused  to  lay  said  proposition  on  the  table. 

Mr.  HUNTSMAN  offered  the  following  amendment  to  said  proposition; 
to  wit : 

"Without  the  concurrence  of  three-fifths  of  both  branches  of  the 
Legislature." 

Which  proposition  was  rejected. 

Mr.  DOUGLASS  offered  the  following  amendment  to  said  proposition; 
to  wit : 

"Nor  shall  any  bank  hereafter  established,  issue  notes  under  the 
denomination  of  ten  dollars." 

Which  was  also  rejected. 

The  question  recurring,  and  being  had  on  the  adoption  of  Mr.  CAR- 
TER'S proposition,  it  was  determined  in  the  negative;  ayes  25,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr.  STEPHENSON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cheat- 
ham,  Douglass,  Garrett,  Gordon,  Hodges,  Huntsman,  Hess,  Kincaid, 
Kimbrough,  McClellan,  Robert  J.M'Kinney,  John  A.  M'Kinney,  Ma- 
bry, McGaughey,  Montgomery,  Roadman,  Robertson,  Stephenson, 
Senter,  Smith  and  Whitson;  25. 

The  negative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Cannon,  Childress,  Cabal, 
Cobbs,  Cross,  Fulton,  Fogg,  Gillespy,  Gray,  Hill,  Humphreys,  Kelly, 
Kincannon,  Kendall,  Ledbetter,  Loving,  Porter,  Purdy,  Richardson, 
Ridley,  Smartt,  Sharp,  Scott,  Ury,  Walton,  White,  Webster  and  Weak- 
ley;  31. 


353 

And  so  said  proposition  was  rejected. 

Mr.  ALLEN  offered  the  following  as  an  additional  section  to  said  ar- 
ticle ;  to  wit : 

"The  Legislature  shall  no/  charter  any  bank  that  does  not  subject 
the  individual  property  of  the  stockholders  in  proportion  to  their 
stock,  to  the  payment  of  atf  notes,  debts  and  liabilities  created  by  said 
bank,,  when  the  fund*  of  ,ihe  corporation  are  found  insufficient  to  dis- 
charge the  same." 

Which  was  ais'  rejected. 

Mr.  WEAKLF*"  offered  the  following  as  an  additional  section  to  said 

article;  to  wit- 

"A  Compiler  of  the  public  accounts  shall  bo  biennially  appointed 
by  the  Ger^'al  Assembly — or  the  duties  of  such  an  officer  shall  be  per- 
formed er°ffiti°  by  the  Secretary  of  State  as  the  Legislature  shall  di- 
rect": 

Wh^h  was  also  rejected. 

TH  fourth  and  fifth  sections  of  said  article  were  severally  read  and 
adapted. 

1  The  sixth  section  being  read, 

Mr.  ARMSTRONG  offered  the  following  in  lieu  of  said  section ;  to  wit : 

"The  rate  of  interest  shall  not  be  more  than  six  per  centum  per  an- 
num in  this  State." 

Which  was  rejected. 

The  sixth  section  was  then  adopted. 

The  seventh  section  being  read, 

The  question  was  then  had  upon  the  adoption  of  said  section,  and 
determined  in  the  affirmative  ;  ayes  31,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  GRAY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Burton,  Blount,  Cannon,  Childress, 
Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hess,  Kimbrough,  McClellan,  Robert  J.  McKin- 
ney,  John  A.  McKinney,  Montgomery,  Roadman,  Ridley,  Robertson, 
Senter,  Smith,  Sharp,  Scott,  Walton,  White  and  \Veakley ;  31. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Cahal,  Cobbs, 
Douglass,  Gillespy,  Gray,  Kelly,  Kincannon,  Kincaid,  Kendall,  Led- 
better,  Loving,  Mabry,  McGaughey,  Porter,  Purdy,  Richardson,  Sto 
phenson,  Smartt,  Ury,  Whitson  and  Webster  ;  25. 

And  so  said  section  was  adopted. 

The  eighth  section  was  read  and  adopted. 

The  ninth  section  being  read, 

Mr.  WHITE  moved  to  strike  therefrom  the  word  "diffusing",  and 
to  insert  the  words  "the  diffusion  of"; 

Which  was  received ; 

And  said  section,  as  amended,  was  adopted. 

The  tenth  and  eleventh  sections  were  severally  read  and  adopted. 

The  Schedule  was  then  taken  up. 

AA 


354 

The  first  section  thereof  being  read, 

Mr.  PURDY  offered  the  following  amendment  thereto;  to  wit : 

"All  officers  who  shall  be  elected  by  the  General  Assembly,  shall 
hold  their  offices  for  the  terms  as  provided  for  by  this  Constitution, 
and  until  such  offices  shall  be  filled  at  the  succeeding  regular  session  of 
the  Legislature." 

In  lieu  of  which  Mr.  LEDBETTER  offered  the  (blowing ;  to  wit : 

"Judges  of  the  Supreme  Court,  the  Judges  of  tt^  Circuit  Courts, 
the  Attorneys  General,  Secretary  of  State,  the  Treasurers  and  such 
other  officers  as  are  to  be  elected  by  the  General  As^mbly,  whose 
terms  may  expire  in  the  recess  of  the  Legislature  in  Consequence  of 
changing  the  time  of  the  meeting  of  regular  sessions  of  tie  General 
Assembly  from  the  odd  to  the  even  years,  may  continue  in  office  un- 
til the  end  of  the  next  session  of  the  Legislature,  after  the  eviration 
of  such  term." 

Which  amendment  was  received. 

Mr.  CHEATHAM  moved  to  lay  the  schedule  and  said  amendmdi  OB 
the  table  ; 

Which  motion  prevailed. 

Mr.  CHEATHAM  moved  a  reconsideration  of  the  vote  adopting  (he 
seventh  section  of  the  second  article  of  the  Constitution,  together  with 
all  other  sections  relating  to  the  election  of  officers  under  the  amend- 
ed Constitution,  and  the  time  of  meeting  of  the  Legislature. 

Which  motion  prevailed  ;  ayes  30,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr.  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Burton,  Cannon,  Chiidress, 
Cahal,  Cobbs,  Cheatham,  Douglass,  Garrett,  Gray,  Gordon,  Hodges, 
Kincannon,  Kendall,  Ledbetter,  Loving,  Robert  J.  McKinney,  Mabry, 
McGaughey,  Neil,  Porter,  Purdy,  Richardson,  Stephenson,  Sharp, 
Scott,  Whitson  and  White;  30. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  B15unt,  Fulton,  Fogg, 
Gillespy,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kim- 
brough,  McClellan,  John  A.  MeKinnay,  Montgomery,  Roadman,  Rid- 
ley, Robertson,  Senter,  Smith,  Smartt,  Ury,  Walton,  Webster  and 
Weakley;  26. 

And  so  the  said  vote  was  reconsidered. 

Mr.  BURTON  moved  to  strike  out  from  the  eighth  section  of  the  se- 
cond article  the  following  words;  to  wit  : 

"The  second  on  the  first  Monday  in  October  one  thousand  eight 
hundred  and  thirty-seven  ;  the  third  on  the  first  Monday  in  October 
one  thousand  eight  hv  dred  and  forty." 

Which  motion  pr<?*    ^ed. 

Whereupon  Mr.  C$eatham  moved  that  all  those  parts  of  the  ame^d- 
ed  Constitution,  which  relate  to  the  election  of  Members  of  Congress, 
Governor  and  Members  of  the  Legislature,  and  the  meeting  of  the 
General  Assembly  under  this  Constitution,  be  referred  to  the  revising 


355 

committee,  with  instructions  so  to  arrange  them,  as  that  said  elections 
be  made  once  in  every  two  years,  in  order  that  the  sessions  of  the  Le- 
gislature may  meet  as  heretofore  : 

Which  motion  prevailed. 

The  Schedule  was  again  taken  up,  and  the  sections  thereof  being 
severally  read,  were  adopted. 

On  motion  of  Mr.  FULTON,  the  subject  of  the  location  of  the  Seat 
of  Government  was  taken  up  : 

Whereupon  Mr.  CANNON  called  up  a  resolution  submitted  by  hhn 
on  the  30th  day  of  May,  providing  for  the  permanent  location  of  the 
Seat  of  Government  ;  which  was  taken  up  and  read. 

In  lieu  of  which,  Mr.  CAHAL  offered  the  following;  to  wit : 

kCThe  Seat  of  Government  shall  be  permanently  established  by  the 
third  Legislature  that  shall  sit  under  this  Constitution,  at  its  first  ses- 
sion." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
18,  noes  40. 

The  ayes  and  noes  being  demanded, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Alexander,  Cahal,  Cobbs,  Gillespy,  Gray, 
Huntsman,  Humphreys,  Kendall,  McClellan,  Robert  J.  McKinney, 
John  A.  McKinney,  Mabry,  McGaughey,  Purdy,  Roadman,  Robert- 
son and  Stephenson ;  18. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Burton,  Blount,  Cannon,  Chil- 
dress,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garreit,  Gordon, 
Hodges,Hill,  Hess,  Kelly,  Kincannon,  Kincaid,  Kimbrougfi,  Led  better, 
Loving,  Montgomery,  Neil,  Nelson,  Porter,  Richardson,  Ridley,  Sen- 
ter,  Smith,  Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walter,  White,  Web- 
ster and  Weakley;  40. 

And  so  said  proposition  was  rejected. 

The  question  recurring  upon  the  adoption  of  Mr  CANNON'S  resolution, 
and  being  had,  it  was  determined  in  the  affirmat/ve;  ayes  38,  noes  20. 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Bradshaw,  Button,  Blount,  Cannon,  Chil- 
dress,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges, 
Hill,  Hess,  Kelly,  Kincannon,  Kincaid,  Ximbrough,  Ledbetter,  Loring, 
Montgomery,  Neil,  Nelson,  Richardson  Ridley,  Senter,  Smith,  Smartt, 
Sharp,  Scott,  Ury,  Whitson,  Waltoa,  White,  Webster  and  Weakley; 
38. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Cahal,  Cobbs,  Cross,  Gilles- 
py, Gray,  Huntsman,  Humphreys,  Kendall,  McClellan,  Robert  J.  Mc- 
Kinney, John  A.  McKinnejr,  Mabry,  McGaughey,  Porter,  Purdy,  Road- 
man, Robertson  and  Stephenson;  20. 

And  so  said  resolution  was  adopted  : 

And  then  the  Conrention  adjourned. 


35(5 


WEDNESDAY,  August  27, 1834. 

The  Convention  met  pursuant  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr  EDGAR,  of  the  Presbyterian  Church. 

Mr  JOHN  A.  McKiNNEY  and  Mr  WALTON  presented  the  reasons  which 
influenced  them  to  vote  for  limiting  the  compensation  of  the  Members 
of  the  Convention  and  of  the  Legislature  to  three  dollars  per  day,  and 
the  same  sum  for  every  twenty-five  miles  travelling;  and  moved  that 
they  be  spread  upon  the  Journals: 

And  thereupon  the  question  was  had,  and  determined  in  the  affirma- 
tive; ayes  39,  noes  16. 

The  ayes  and  noes  being  demanded  by  Mr  HUMPHREYS, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw$ 
Blount,  Cannon,  Cahal,  Cross,  Douglass,  Fogg,  Garrett,  Hill,  Huntsman^ 
Hess,  Kelly,  Kimbrough,  Ledbetter,  McCJellan,  Robert  J.McKinney, 
Mabry,  McGaughey,  Montgomery,  Nelson,  Roadman,  Richardson,  Rid- 
ley, Robertson,  Stephenson,  Senter,  Smith,  Smartt,  Sharp,  Ury,  Whit- 
son,  Walton,  White,  Webster  and  Weakley;  39. 

The  negative  voters  are, 

Messrs.  Burton,  Chil dress,  Cobbs,  Cheatham,  Fulton,  Gray,  Gordon, 
Hodges,  Humphreys,  Kincaid,  Kendall,  Loving,  Neil,  Porter,  Purdy 
and  Scott;  16. 

And  so  the  Convention  ordered  that  said  reasons  be  spread  upon  the 
Journals:  \ 

Which  ret\sons  are  in  the  following  words,  to  wit: 

"In  the  exetcise  of  that  privilege,  which  secures  to  every  member  of 
this  Convention,  the  right  of  spreading  on  the  journals,  his  reasons  for  the 
vote  he  may  have  given,  on  any  proposition  submitted  to  the  considera- 
tion of  the  convention ;  and  to  enter  his  protest  against  the  vote  of  the 
majority,  in  any  cast,  when  he  may  have  voted  in  the  minority;  the  un- 
dersigned will  respectfully  state  thekreasons  why  they  proposed  to  limit  the 
compensation  of  the  members  of  the  Convention,  and  of  the  Legislature, 
to  three  dollars  per  day,  ani  to  the  same  sum  for  every  twenty-five  miles 
travelling  to  and  from  the  seat  of  government,  and  enter  their  solemn 
protest,  against  the  vote  of  tJ^e  Convention,  in  fixing  the  compensation 
at  four  dollars  per  day  and  four  dollars  for  travelling  every  twenty -Jive  miles, 
going  and  returning.  In  the  option  of  the  undersigned,  the  compen- 
sation to  the  Members  of  the  Convention,  and  of  the  Legislature,  is 
vastly  greater,  than  is  allowed  to  ofner  members  of  the  community,  for 
services  equally  meritorious.  The  citizen  soldier,  who  in  time  of  war  is 
called  on  and  compelled  to  shoulder  his  musket,  and  buckle  on  his  knap- 
tack,  and  leave  his  home,  and  his  friends.,  and  all  that  is  dear  to  him, 
and  to  march  on  foot  in  the  heat  of  summer,  and  the  cold  of  winter, 
and  to  endure  all  the  hardships  and  privations,  of  a  camp,  and  to  face 
death  in  the  field  of  battle,  receives  as  a  compensation  from  his  coun- 
try, whose  rights  he  is  defending,  at  the  risk  of  his  own  life,  eight  or 


357 

ten  dollars  per  month.     But  a  Member  of  the  Legislature  who  sits  iu  a 
Comfortable  apartment,  and  spends  six,  or  seven  hours  each  day,  in  talking 
about  matters  and  things  in  general,  while  at  the  same  time  he  is  en- 
joying all  the  comforts  and  luxuries  of  life,  takes,  (being  his  own  pay- 
master,) one  hundred  and  twenty  dollars  per  month,  out  of  the  public 
treasury  for  his  services.     Another  class  of  citizens  are  frequently  call- 
ed on  to  serve  their  country  in  the  capacity  of  jurors,  and  have,  in  the 
Opinion  of  the  undersigned,  to  undergo  more  fatigue  of  body,  and  more 
anxiety  of  mind,  than  either  the  Members  of  the  Convention,  or  of  the 
Legislature,  and  yet  they  never  receive  more  than  one  dollar  per  day, 
end  very  frequently  they  receive  no  compensation;  although  they  have 
to  perform  services  the  most  painful  and  perplexing,  having  often  to  sit 
whole  days   in    judgment,  on  the   lives  and  fortunes  of  their  fellow 
Citizens,  and  sometimes  for  weeks  together.     Justkes  of  the  peace  have 
also,  to  devote  their  time,  and  expend  their  monej',  in  performing  the 
most  meritorious  services  for  the  community,  day  after  day,  and  time  af- 
ter time,  in  holding  the  county  courts,  in  taking  the  lists  of  taxable  pro- 
perty, in  deciding  controversies  between  their  fellow  citizens,  and  in  pre- 
serving the  peace  of  the  community.     Arid  we  have  said,  solemnly,  and 
deliberately,  that,  this  most  respectable  class  of  citizens,  for  all  these 
important  services,  shall  receive  no  compensation.     But  to  the  Members 
of  the  Legislature  we  have  given,  and  to  ourselves  we  have  taken,  out 
of  the  public  treasury,  four  dollars  per  day,  and  four  dollars  for  every 
twenty-live  miles  travelling  to  and  from  the  seat  of  government,  for  per- 
forming services  not  harder  than  the  services  of  a  juror,  not  more  ardu- 
duous  than  those  performed  by  a  justice  of  the  peace,  and  that  will  bear 
no  comparison  with  the  services  of  the  soldier  on  the  march,  in  the 
camp,  or  in  the  field  of  battle.    And  yet  there  is  patriotism  enough  in 
the  community  to  induce  many  a  brave  man  to  volunteer  his  services 
in  the  defence  of  his  country,  although  his  only  recompense  should  be  a 
soldier's  grave.     There  is  patriotism  enough  in  the  community  to  in- 
duce a  sufficient  number  of  men  to  discharge  Ihe  arduous  duties  of  mag- 
istrates from  year  to  year;  although  they  receive  no  pecuniary  recom- 
pense, and  it  is  to  be  hoped  tiiat  there  is  patriotism  enough  in  the  coun- 
try,  to  induce  a  sufficient  number  of  suitable  persons,  to  serve  their 
country  in  the  halls  of  legislation;  although  in  doing  so,  they  should  be 
obliged  to  sustain  some  pecuniary  loss. 

"But  furthermore,  the  undersigned  are  satisfied  that  by  the  allowance 
the  Convention  has  made  the  Members  of  the  Legislature,  the  expen- 
ses of  the  government  under  the  amended  Constitution,  will  be  increas- 
ed to  a  ruinous  extent.  For  some  years  past  the  average  expense  of  the 
sessions  of  the  Legislature  has  been  about  thirty-five  thousand  dollars* 
But,  under  the  new  Constitution,  if  it  should  be  adopted,  the  cost  of  a> 
single  session  of  the  Legislature  will  not  be  less  than  sixty  thousand 
dollars,  as  will  manifestly  appear  from  the  following  statement.  In  the 
Legislature  there  will  be  one  hundred  members — the  daily  pay  of  whom 
will  amount  to  four  hundred  dollars.  Then  the  pay  of  four  Clerks  and 
lour  Door  keepers,  together  with  fuel,  stationary,  job  printing  and  oth- 


358 

er  contingent  expenses,  will  not  amount  to  less  than  another  hundred 
dollars  per  day — which  will  make  the  expenditure  of  the  Legislature 
amount  to  at  least  five  hundred  dollars  per  day.     Supposing  then,  the 
Legislature  to  sit  one  hundred  days  at  each  session,  (and  this  is  a  mod- 
erate calculation)  the  expense  would  he  fifty  thousand  dollars.     Add  to 
this,  the  printing  and  distribution  of  the  public  and  private  laws,  and 
of  the  journals  of  both  Houses  of  the  Assembly;  and  the  mileage  of 
the  Members,  which  will  amount  to  from  ten  to  fifteen  thousand  dollars; 
and  it  will  be  manifest,  that  the  expense  of  a  single  session  will  cost 
the  State  from  sixty  to  sixty -five  thousand  dollars.     And  all  this  has  to 
be  paid  out  of  a  treasury  at  present  exhausted,  and  which  can  only 
be   replenished   by  taxes  to  be  collected  from  the   people.     To  the 
wealthy  inhabitants  of  Middle  Tennessee  and  the  Western  District, 
who  have  a  staple  article  of  commerce,  and  a  market  at  their  door  to 
dispose  of  it,  this  may  be  a  matter  of  little  consequence,  but  to  the  peo- 
ple in  the  Eastern  part  of  the  State  it  presents  an  appalling  spectacle. 
That  under  the  amended  Constitution,  taxes  must  of  necessity  be  great- 
ly increased,  is  so  manifest,  that  in  the  opinion  of  the  undersigned  it 
requires  no  proof.     To  avoid  this  enormous  expense,  and  to  prevent 
the  necessity  of  increased  taxation,  several  plans  were  proposed  in  the 
Convention.     One  was,  to  have  but  one  session  of  the  Legislature  in 
three  years,  instead  of  one  in  two  years,  as  is  the  case  at  present.    By 
that  arrangement,  had  the  plan  been  adopted,  more  than  two  hundred 
thousand  dollars  would  be  saved  to  the  State,  in  every  period  of  twen- 
ty-four years,  as  will  appear  manifest  to  every  one  who  will  calculate 
the  expenses  of  the  Legislature  for  that  length  of  time.     But  that 
would  not  be  the  only   good  that  would  result  from  such  an  arrange- 
ment.    It  would  save  the  good  people  of  this  State  from  being  oppress- 
ed with  excessive  legislation,  with  which  they  have  been  already  most 
greviously  afflicted;  and  it  would  give  the  citizens  an  opportunity  to 
read  and  understand  the  laws  that  are  past  at  one  session  of  the  Legis- 
lature, before  another  would  sit  to  repeal  or  change  them,  which  here- 
tofore they  have  not  had  an  opportunity  of  doing.     And  can  any  good 
reason  be  assigned,  why  the  Legislature  of  Tennessee  should  sit  more 
than  once  in  three  years?     In  England  there  is  an  annual  session  of 
narliament^  but  the  necessity  of  that  arises  from  the  King  and   council 
having  the  power  of  making  war  without  the  consent  of  Parliament* 
To  control  that  power  which  might  otherwise  be  wielded  to  the  ruin 
of  the  country,  the  House  of  Commons,  which  holds  the  purse  of  the 
Nation,  refuses  to  grant  supplies  to  the  Government,  even  for  necessary 
purposes,  for  any  longer  term  than  one  year.     Hence  the  necessity  of 
an  annual  session  of  the  Legislature  in  that  country.     The  same  ne- 
cessity exists  for  an  annual  session  of  Congress  to  pass  appropriation 
bills,  and  to-  provide  ways   and  means  for  supplying  the  annual  ex- 
penses of  Government,  and  to  watch  over  the  vast  concerns  of  twenty- 
four  States,  and  to  regulate  their  ever-varying  intercourse  with  foreign 
nations.     But  no  such  necessity  exists  for  an  annual  or  biennial  session 
of  a  State  Legislature,  which  has  nothing  to  do  with  any  thing  except 


359 

to  make  new  laws  or  repeal  old  ones;  and  the  less  of  that  they  do  so 
much  the  better,  and  to  elect  a  few  officers,  and  better  far  they  had 
none  of  that  to  do.  When  that  proposition  was  rejected  another  w«:s 
proposed,  which  met  the  cordial  approbation  of  the  undersigned,  which 
was  to  limit  the  respective  sessions  of  the  Legislature  to  a  period  of  for- 
ty-five or  fifty  days,  a  time  amply  sufficient,  in  the  opinion  of  the  under- 
signed and  many  other  members,  to  despatch  all  the  necessary  business 
that  would  be  likely  to  come  before  the  Legislature  at  any  one  ses- 
sion. By  the  adoption  of  that  plan,  a  great  curtailment  of  the  expen- 
ses of  the  Legislature  would  have  been  made,  probably  to  the  amount 
of : one  third  part  of  the  whole  expenditure;  for,  judging  of  the  fu- 
ture by  the  past,  the  genius  of  procrastination  will  always  hover  over  a 
Legislative  Assembly  unrestricted  as  to  time,  and  where  Members  re- 
ceive one  hundred  and  twenty  dollars  per  month  out  of  the  public  trea- 
sury. That  plan  was  also  rejected. 

"A  further  attempt  was  made  to  diminish  the  public  expenditures,  by 
prohibiting  the  Legislature  from  printing  and  distributing,  at  the  public 
expense,  the  private  laws  passed  at  each  session,  which,  according  to 
the  best  information  the  undersigned  have  been  able  to  obtain,  amounts 
to  between  three  and  five  thousand  dollars  each  session;  and  by  which 
an  expenditure,  wholly  useless,  of  more  than  fifty  thousand  dollars  of  the 
public  money  has  already  taken  place.  And  in  the  same  way  it  is  pro- 
bable, that  countless  sums  are  hereafter  to  be  expended.  And  can  any 
sufficient  reason  be  assigned  why  fifteen  hundred  or  two  thousand  copies 
of  a  law  should  be  printed  at  the  public  expense,  in  which  only  some 
private  individual  is  interested  and  with  which  the  public  have  no  con- 
cern? For  instance,  a  law  divorcing  A  from  B,  or  giving  C  the 
right  to  erect  a  fish-trap  or  a  mill  dam,  or  allowing  D  to  hawk 
and  peddle  without  paying  any  thing  for  the  privilege.  That  also 
failed;  and  then  a  last  effort  was  made  to  diminish  the  public  expenses 
and  to  prevent  the  necessity  of  increased  taxation  by  fixing  the  pay  of 
the  Members  of  the  Convention  and  of  the  Legislature  at  three  dollars 
per  day:  by  which  from  ten  to  fifteen  thousand  dollars  of  the  expense  r' 
each  coming  session  of  the  Legislature  would  be  saved  to  the  State.  T° 
proposition  shared  the  same  fate  with  the  rest.  The  undersigne/,1" 
now  state  the  reasons  why  they  think  four  dollars  per  day,  and  /*  e 
lars  for  every  twenty-five  miles'  travelling,  is  more  than  a  ^  a- icn 
compensation  to  Members  of  the  Legislature.  The  busincs^ 
is  an  honorable  employment,  and  should  never  be  converted?11^  , 
making  matter.  Moreover  the  employment  is  eagervn  Y\°  V° 
candidates  for  a  seat  in  the  Legislative  Hall;  and  ron  hlg"  wa^' 
teers  his  services,  in  any  capacity,  should  never  vwn  pay,/wnoria 
More  especially,  when  he  has  the  carving  out  o*indlda!cs  are 
bids  him  to  be  extravagant  in  his  charges.  Wmetime,8  it  runs  over  a 
ing  votes,  their  patriotism  is  usually  brimful,  '•>  elince  that/ 
little;  and  when  elected,  it  behooves  th^  ™  the  free  is  known  by  it 
works,  which  they  formerly  expressed  i*>  subject  may  b 
fruit.  Some  valuable  information  r 


360 

inquiri rig  what  other  Constitution-makers  have  thought,  and  how  they 
haw  acted  in  similar  circumstances.  The  Constitution  of  South  Carolina 
T*ras  framed  in  1790,  and  by  it  the  Members  of  the  Legislature  were  al- 
lowed only  seven  shillings  sterling  per  day,  which  is  about  one  dollar  sixty- 
two  and  a  half  cents*  The  present  Constitution  of  this  State  was 
framed  in  1796,  and  by  it  the  Members  of  the  Legislature  were  allowed 
only  one  dollar  and  seventy-five  cents  per  day  for  the  eight  years  then 
next  ensuing;  and  let  it  be  remembered,  that  during  the  period  of  that 
limitation,  the  State  was  as  ably  and  as  faithfully  served  in  the  Legisla- 
ture, and  candidates  were  as  plenty,  as  at  any  time  since  the  limitation 
expired.  But  the  sessions  of  the  Legislature  were  much  shorter  than 
they  have  since  been;  and  let  it  be  further  remembered,  that  Justin 
proportion  as  the  daily  pay  of  the  members  has  been  increased,  the  duration  of 
the  sessions  has  been  protracted.  The  Constitution  of  Kentucky  was 
framed  in  1799,  and  by  it  the  compensation  of  the  Members  of  the  Le- 
gislature was  fixed  at  one  dollar  and  fifty  cents  per  day,  and  at  present 
it  does  not  exceed  two  dollars  and  fifty  cents  per  day,  as  the  undersigned 
are  informed.  In  18:21,  the  present  Constitution  of  the  great  State  of 
New  York  was  framed,  and  with  all  its  abundant  resources,  the  compensa- 
tion of  the  Members  of  the  Legislature  was  restricted,  so  as  never  to 
exceed  three  dollars  per  day.  And  in  none  of  the  New  England  States, 
as  the  undersigned  are  informed,  does  the  pay  of  the  Members  of  the 
Legislature  exceed  two  dollars  and  fifty  cents  per  day.  But  in  those 
Stares  the  sessions  of  the  Legislature  are  short,  while  at  the  same  time 
their  school  funds  and  their  means  for  internal  improvement  are  abun- 
dant. 

"In  the  opiiiion'of  the  undersigned,  a  Legislature  consisting  of  one 
hundred  members,  with  an  aliowance  to  them  out  of  the  public  treasu- 
ry, of  one  hundred  and  twenty  dollars  per  month^ud  wholly  unrestricted  as  to 
the  duration  of  its  sessions,  would  bankrupt  any  State  in  the  Union;  and 
they  are  willing  that  the  correctness  of  this  opinion  shall  be  tried  by 
time,  and  that  posterity  shall  pronounce  judgment  upon  it,  and  the  un- 
dersigned would  here  respectfully  ask,  if  the  State  of  Tennessee  pos- 
sesses any  inexhaustible  treasures,  out  of  which  to  pay  the  Members  of  her 
Legislature  so  much  more  than  other  States  pay  to  theirs?  That  a  fund 
might  be  provided  for  the  purpose  of  education  and  internal  improvement 
was  another  and  a  powerful  reason  which  induced  the  undersigned  to  vote 
for  retrenching  the  expenditures  of  government,  and  for  curtailing  the 
pay  of  the  members  of  the  Convention  and  of  the  Legislature.  Who- 
ever will  look  over  the  map  of  the  United  States,  will  at  a  glance  per- 
ceive that  the  States  of  Tennessee  and  Virginia  would  be  more  benefit- 
ed by  a  liberal  system  of  internal  improvement,  than  any  other  States 
in  the  Union.  These  two  States  adjoin  each  other,  and  extend  from 
the  great  river  of  the  West  to  the  shores  of  the  Atlantic,  and  contain 
within  their  limits  points  where  there  is  uninterrupted  steamboat  navi- 
gation on  the  one,  and  ship  navigation  on  the  other.  Let  those  points 
be  connected  by  a  rail  road,  and  the  greatest  work  will  have  been  ac- 
complished on  which  the  light  of  Heaven  ever  shone — greatest,  not  as  to 


361 

the  difficulty  of  its  accomplishment,  but  as  to  the  beneficial  effects  that 
would  result  from  its  successful  achievement.     The  State  of  New  York, 
foy  one  bold^  decisive  and,  as  the  event  lias  shown,  successful  effort  at  inter* 
nal  improvement,  has  advanced  in  the  path  of  prosperity  with  a  rapidi- 
ty which  has  astonished  every  spectator.     But  Tennessee  and  Virginia 
have  it  in  their  power  to  advance  their  mutual  prosperity  to  an  extent, 
even  far  beyond  what  New  York  has  done,  much  as  she  has  accomplish- 
ed.    There  must  of  necessity,  at  no  very  distant  day,  be  a  great  channel 
of  inland  communication  between  the  Mississippi  and  the  Atlantic,  if 
the  Union  of  the  States  shall  be  preserved.     And  nature,  with  her  own 
Jingcr,  has  clearly  marked  out   where  that  communication  can  be  most 
conveniently  opened  and  continued.     Look  at  the  map  of  Tennessee, 
bounded  entirely  on  the  west  by  the  Mississippi,  with  the  Ohio  and  the 
Missouri  and  all  their  tributary  streams  emptying  into  that  river,  within 
a  short  distance  of  its  north-western  corner;  and   the  Arkansas,  the 
White  river  and  the  St.  Francis  near  its  south-western  corner.     Look  at 
Virginia  with  its  north-eastern  boundary  at  Harper's  Ferry,  meeting 
the  Baltimore  and  Ohio  rail  road,  and  the  newly  constructed  canal   to 
Washington  City;  or  to  Richmond,  where  the  tide  waters  of  the  Atlan- 
tic affords  an  uninterrupted  intercourse  with   the   Ocean,  and  contem- 
plate the  stupendous  results  of  connecting  these  points   by  a  rail  road 
communication.     See  how  the  hand  of  nature  has  smoothed  and  prepared 
the  surface  of  the  earth  between  these  points  as  if  for  the  very  purpose  of 
opening  such  a  communication.  Perhaps  on  the  whole  surface  of  the  globe 
the  same  distance  cannot  be  found,  where  there  are  so  few  obstacles  to  the 
accomplishment  of  such  a  work.  In  the  whole  distance  from  the  Mississippi 
to  the  Potomac,  no  swamps,  no  rivers,  no  mountains  intervene,  that  can- 
not be  passed  or  surmounted  without  much  difficulty,  and  along  almost 
the  whole  route  the  materials  for  making  such  a  road  are  scattered  inabun- 
dance.     And  what  would  be  the  consequence  of  such  a  communication 
being  opened?     Would  it  not  be  the  great  thoroughfare  of  travelling 
between  the  cities  of  the  Atlantic  and  the  great  valley  of  the  Mississip- 
pi.    A  communication  further  north  would  be  obstructed  a  large  por- 
tion of  the  year,   by  the  frosts  and  snows  of  winter,  and   a   communi- 
cation further  south  would  be  through  swamps  and  a  sickly  climate:  but 
here  the  whole  route  would  extend  through  a  delightful  climate,  where 
travelling  would  be  unobstructed  in  every  season  of  the  year.     What 
would  be  the  consequence  of  such  a   communication  in  time  of  war, 
should  our  country  ever  again  be  afflicted  with  such  an  evil?     Let  the 
point  of  attack  be  where  it  might,  on  the  sea  board  or  at  New  Orleans, 
or  on  the  northern   frontier,  men   and  the  munitions  of  war  could  be 
transported,  at  any  season  of  the  year,  to  the  point  where  they  were 
wanted  with  almost  inconceivable  rapidity. 

"Suppose  such  a  communication  had  been  open  during  the  late  war, 
when  our  country  was  invaded  by  a  hostile  force,  would  the  city  that 
bears  the  name  of  the  father  of  his  country,  have  been  captured  by  a 
savage  foe?  Would  onr  capitol  have  been  burned  and  our  national 
honor  trampled  in  the  dust?  No:  the  sons  of  the  mountains,  with  the 


362 

rapidity  of  the  eagle  in  its  flight,  would  have  rushed  to  the  scene  of 
combat,  and  the  fields  of  Bladensburg  would  have  been  to  the  Ameri- 
can army  a  theatre  of  glory,  instead  of  a  scene  of  disgrace. 

"In  times  of  peace,  such  a  channel  of  communication  would  operate 
as  a  bond  of  union,  by  facilitating  the  intercourse  of  the  different  parts 
of  the  community  with  each  other,  and  by  enabling  the  citizens  to  take 
the  products  of  the  soil  to  a  profitable  market;  and,  in  return,  to  supply 
themselves  at  a  cheap  rate,  with  articles  of  necessary  consumption;  it 
would  give  an  impulse  to  industry,  increase  the  wealth  and  promote 
the  prosperity  and  happiness  of  all  the  inhabitants  of  the  State. 

"But  suppose  the  State  of  Virginia  should  refuse  to  co-operate  in  such 
an  undertaking,  there  is  the  Charleston  and  Hamburg  rail  road  already 
in  successful  operation,  with  which  the  road  passing  through  Tennessee 
could  be  joined,  and  a  communication  with  the  Atlantic  be  opened  in  a 
more  southern  direction.  It  is  true,  the  fund  that  would  be  created,  by  the 
proposed  retrenchment  of  the  expenses  of  government,  would  not  besufi> 
cient  to  accomplish  the  object  in  view,  but  it  would  have  such  a  powerful 
moral  influence  in  the  community,  as  would  rouse  its  energies,  and  ena- 
bled it  to  accomplish  any  practiceible  object.  Could  the  undersigned 
have  contributed,  in  the  smallest  degree,  to  the  accomplishment  of  a 
work  of  so  much  importance,  they  would  have  thought  they  had  not 
lived  in  vain.  But,,  from  the  signs  of  the  times,  they  fear  the  day  is 
far  distant,  when  Tennessee  will  rival  New  York,  Pennsylvania  or  Ohio, 
in  the  work  of  internal  improvement,  or  enjoy  the  benefits  they  are 
enjoying  in  that  respect.  The  undersigned  are  far,  very  far  from 
imputing  any  other  than  honorable  motives  to  the  Members  of  the  Con- 
vention who  voted  with  the  majority  on  the  beforementioned  proposi- 
tions. They  voted  according  to  their  ideas  of  propriety,  and  they  had 
an  undoubted  right  to  do  so;  and  the  undersigned  have  an  equal  right 
to  spread  on  the  journal  the  reasons  which  induced  them  to  vote  with 
the  minority,  and  they  trust  they  have  done  it  with  all  due  respect." 

JOHN  A.  McKINNEY. 
ISAAC  WALTON. 

Mr  FOGG,  from  the  committee  to  whom  was  assigned  the  duty  of  cor- 
recting the  phraseology  of  the  amended  constitution,  reported,  that  the 
said  committee  have  carefully  examined  the  same,  and  had  instructed 
him  to  recommend  sundry  amendments  and  erasures: 

All  of  which  were  severally  read  and  concurred  in. 

Mr  ALEXANDER  moved  to  take  up  the  report  of  the  committee  on  in^ 
ternal  improvements;  which  motion  prevailing,  said  report  was  taken 

up. 

Whereupon  Mr  HUNTSMAN  moved  a  concurrence  with  said  report: 

And  the  question  being  had  thereon,  it  was  determined  in  the  affirms 
tive: 

And  so  said  report  was  concurred  with. 

Mr  HUNTSMAN  proposed  the  following  as  an  additional  section  to  the 
eleventh  article  and  in  lieu  of  the  resolutions  in  the  report  of  the  com* 
mittee  on  internal  improvements;  to  wit: 


363 

"A  well  regulated  system  of  internal  improvement  is  calculated  tode- 
velope  the  resources  of  the  State,  and  promote  the  happiness  and  pros- 
perity of  her  citizens — therefore  it  ought  to  be  encouraged." 

Which  was  adopted. 

Mr.  CARTER  moved  that  the  Convention  take  up  the  report  of  the 
Committee  on  Senatorial  and  Representative  Districts: 

Which  motion  was  lost. 

On  motion  of  Mr.  CHEATHAM,  the  Convention  took  up  the  subject 
of  locating  the  Seat  of  Government. 

Mr.  HUNTSMAN  submitted  the  following ;  to  wit : 

"Resolved,  That  the  first  General  Assembly  which  shall  sit  after  tlte 
first  apportionment  of  the  Representation  under  the  new  Constitution, 
to  wit :  in  one  thousand  eight'hundred  and  forty-three,  shall,  within 
one  week  of  the  commencement  of  the  session,  permanently  locate 
the  Seat  of  Government." 

Mr.  SHARP  called  up  a  resolution,  heretofore  submitted  by  him,  pro- 
viding that  the  Seat  of  Government  be  permanently  located  on  the 
Tennessee  river  ;  which  being  read, 

Mr.  SHARP  moved  to  amend  said  resolution  by  inserting  therein  the 
words  "near  Carrollsville": 

Which  motion  prevailed. 

And  thereupon  the  question  was  had  on  the  adoption  of  said  resolu- 
tion, and  determined  in  the  negative  ;  ayes  15,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr  SHARP, 

The  affirmative  voters  are, 

Messrs,  Burton,  Cahal,  Cross,  Hill,  Kelly,  John  A.  McKinney,  Ma- 
bry,  Richardson,  Robertson,  Stephenson,  Smartt,  Sharp,  Scott,  Wal- 
ton andWeakley;  15. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Blount,  Cannon,  Childress,  Cobbs,  Cheatham,  Douglass,  Fulton, 
Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Huntsman,  Hum- 
phreys, Hess,  Kincannon,  Kineaid,  Kendall,  Kimbrough,  Ledbetter, 
Loving,  McClellan,  Robert  J.  McKinney,  McGaughey,  Montgomery, 
Neil,  Porter,  Purdy,  Roadman,  Ridley,  Senter,  Smith,  Ury,  Whitson, 
White  and  Webster;  42. 

And  so  said  resolution  was  rejected. 

On  motion  of  Mr.  CHEATHAM,  the  resolution  submitted  by  him  on 
the  twentieth  of  August,  providing  for  the  permanent  location  of  the 
Seat  of  Government,  was  taken  up  and  read, 

Mr.  ARMSTRONG  moved  that  a  committee  be  appointed  to  wait  on 
the  Members  who  are  absent  from  indisposition,  and  to  receive  and  re- 
port their  votes  to  the  Convention  ; 

Which  motion  prevailing,  the  President  appointed  Messrs.  Weak- 
ley  and  Ledbetter  to  compose  said  committee. 

On  motion  of  Mr.  ARMSTRONG,  Mr.  Hill  was  added  to  said  commit- 
tee. 

Mr.  DOUGLASS  moved  to  fill  the  blank  in  Mr  Cheatham's  resolut&n 
with  the  words,  "at  or  near  the  city  of  Nashville." 


364 

Which  motion,  at  the  request  of  Mr.  BURTON,  he  withdrew  : 

Thereupon  Mr.  BLOUNT  renewed  the  motion  of  Mr.  Douglass,  to 
fill  said  blank  with  the  words,  "at  or  near  the  city  of  Nashville": 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive ;  ayes  19,  noes  40: 

The  ayes  and  noes  being  demanded  by  Mr.  BURTON, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Burton,  Blount,  Cheatham,  Cross,  Douglass, 
Fulton,  Fogg,  Garrett,  Gordon,  Loving,  Montgomery,  Marr,  Robert- 
son, Smith,  Ury,  Walton,  White  and  Weakley;  19. 

The  negative  voters  are, 

Messrs. President  (Carter),  Allen,  Armstrong,  Bradshaw,  Cannon, 
Childress,  Cahal,  Cobbs,  Giliespy,  Gray,  Hodges,  Hill,  Huntsman^ 
Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough., 
Ledbetter,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mar 
bry,  McGaughey,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richardson, 
Ridley,  Stephenson,  Senter,  Smartt,  Sharp,  Scott,  Whitson  and  Web- 
ster; 40. 

And  so  the  Convention  refused  to  fill  the  blank  with  the  words  "at 
or  near  the  city  of  Nashville," 

Mr.  KINCANNON  offered  the  following  resolution  in  lieu  of  the  reso- 
lution under  consideration,  to  wit : 

" Resolved,  That  the  second  Legislature  which  shall  sit  under  th  is 
Constitution  shall  appoint  three  commissioners  whose  duty  it  shall  b  e 
to  ascertain  the  true  geographical  centre  of  the  State,  and  thereupon 
proceed  to  select  a  suitable  site  for  the  seat  of  government  at  or  as 
near  said  centre  as  may  be,  and  shall  purchase  a  tract  of  land  not  ex- 
ceeding one  thosand  acres,  to  be  paid  for  and  owned  by  the  State: 
and  upon  such  tract  shall  lay  off  a  town  at  which  the  seat  of  govern- 
ment shall  be  permanently  located  and  fixed:  they  shall  sell  out  the 
lots  in  said  town  and  the  balance  of  the  land  at  public  sale,  in  such 
manner  as  the  Legislature  may  direct,  and  the  proceeds  of  such  sale 
shall  be  applied  to  the  building  of  a  State  house  and  other  necessary 
public  buildings:  provided ,  said  town  shall  not  approach  nearer  than 
twelve  miles  of  the  county  seat  of  any  adjoining  county." 

Whereupon  Mr  BURTON  proposed  to  fill  the  blank  in  the  resolution 
submitted  by  Mr  Cheatham,  with  the  words,  "at  or  near  the  town  of 
M'Minnville," 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg- 
ative; ayes  17,  noes  41. 

The  ayes  and  noes  being  demanded  by  Mr  BURTON, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Blount,  Hill,  Kelly,  Kincannon,  Kincaid,  Kim- 
brough, Ledbetter,  Mabry,  Neil,  Nelson,  Richardson,  Ridley,  Senter, 
Smartt,  Sharp,  Whitson  and  Webster ;  18. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Gannon,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton, 


365 

Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Huntsman,  Hum- 
phreys, Hess,  Kendall,  Loving,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Montgomery,  Marr,  Porter,  Purdy,  Road- 
man, Robertson,  Stephenson,  Scott,  Ury,  Walton,  White  and  Weak- 
ley;  40. 

And  so  the  Convention  refused  to  fill  said  blank  with  M'Minnville. 

Whereupon  Mr  CANNON  moved  to  fill  said  blank  with  the  word 
ctMurfreesborough." 

And  the  question  being  had  thereon,  it  was  determined  in  the  neg* 
ative;  ayes  2 1 ,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr  GARRETT, 

The  affirmative  voters  are, 

Messrs.  Biount,  Cannon,  Douglass,  Hill,  Humphreys,  Hess,  Kelly, 
Kincannon,  Kincaid,  Kimbrough,  Ledbetter,  Neil,  Nelson,  Purdy, 
Richardson,  Ridley,  Senter,  Smartt,  Sharp,  Scott  and  Webster ;  21. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
dhaw,  Burton,  Childress,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton, 
Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Huntsman,  Kendall, 
Loving,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Ma- 
bry,  McGaughey,  Montgomery,  Marr,  Porter,  Roadman,  Robertson, 
Stephenson,  Ury,  Whitson,  Walton,  White  and  Weakley;  37. 

And  so  the  Convention  refused  to  fill  said  blank  with  Murfreesbo- 
rough. 

Whereupon  Mr  ALLEN  moved  to  fill  said  blank  with  the  word 
"Carthage." 

And  the  question  being  had  thereon,  was  determined  in  the  nega- 
tive; ayes  9,  noes  50: 

The  ayes  and  noes  being  demanded  by  Mr  ALLEN, 

The  affirmative  voters  are, 

Messrs.  Allen,  Armstrong,  Burton,  Biount,  Douglass,  Mabry,  Smith, 
Walton  and  White;  9. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Bradshaw,  Cannon,  Chil- 
dress, Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gilles- 
py, Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kelly, 
Kincannon,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  Loving,  McClel- 
lan, Robert  J.  M'Kinney,  John  A.  McKinney,  McGaughey,  Montgom- 
ery, Marr,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Richardson,  Ridley, 
Robertson,  Stephenson,  Senter,  Smartt,  Sharp,  Scott,  Ury,  Whitson, 
Webster  and  Weakley  ;  50. 

And  so  the  Convention  refused  to  fill  said  blank  with  Carthage. 

Whereupon  Mr  KINCANNON  moved  to  fill  said  blank  with  the  word 
"Middletown." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive; ayes  20,  noes  38: 

The  ayes  and  noes  being  demanded  by  Mr  KINCANNOX, 

The  affirmative  voters  are, 


366 

Messrs.  Armstrong,  Blount,  Cannon,  Childress,  Douglass,  Fulton, 
Hill,  Kincannon,  Kincaid,  Kimbrough,  Ledbetter,  John  A.  McKinney, 
Mabry,  Nelson,  Richardson,  Ridley,  Smith,  Smartt,  Scott  and  Web- 
ster; 20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Cahal,  Cheatham,  Cross,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon, 
Hodges,  Huntsman,  Humphreys,  Hess,  Kelly,  Kendall,  Loving,  Mc- 
Clellan,  Robert  J.  McKinney,  McGaughey,  Montgomery,  Marr,  Neil, 
Porter,  Purdy,  Roadman,  Robertson,  Stephenson,  Senter,  Sharp,  Ury, 
Whitson,  Walton,  White  and  Weakley ;  38. 

And  so  the  Convention  refused  to  fill  the  blank  with  Middletown. 

Whereupon  Mr.  BLOUNT  moved  to  fill  the  blank  with  the  words 
"Clarksville"; 

Which  motion  failed. 

Mr.  KINCAID  proposed  the  following  in  lieu  of  the  original  resolu- 
tion ;  to  wit : 

"Resolved,  That  there  be  three  commissioners  appointed,  by  the 
Convention — one  in  East  Tennessee,  one  in  Middle  and  one  in  the 
Western  District,  whose  duty  it  shall  be  to  ascertain  and  report  the 
true  geographical  centre  of  the  State  as  near  as  practicable,  and  report 
the  same  to  the  session  of  the  General  Assembly  that  may  be 

convened  under  this  Constitution. 

"And  be  it  further  resolved,  That  said  General  Assembly  shall  pro- 
ceed to  locate  the  Seat  of  Government  permanently  at  the  county  town 
nearest  the  centre." 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  24,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr.  KINCAID, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Cannon,  Gillespy,  Gray,  Hodges, 
Hill,  Kelly,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  Mabry,  Neil, 
Purdy,  Roadman,  Richardson,  Ridley,  Senter,  Smith,  Smartt,  Sharp, 
Scott  and  Webster ;  24. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Biount, 
Childress,  Cahal,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett, 
Gordon,  Huntsman,  Humphreys,  Hess,  Kincannon,  Loving,  McClel- 
lan,  Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Mont- 
gomery, Marr,  Porter,  Robertson,  Stephenson,  Ury,  Whitson,  Wal- 
ton, White  and  Weakley  ;  33. 

And  so  said  resolutions  were  rejected. 

Mr.  CHEATHAM  then  withdrew  the  resolution  heretofore  submitted 
by  him. 

Thereupon  the  question  was  had  upon  the  resolution  submitted  by 
Mr.  KINCANNON,  and  it  was  determined  in  the  negative ;  ayes  23, 
noes  34. 

The  ayes  and  noes  being  demanded  by  Mr.  KINCAHWON, 


367 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Blount,  Cannon,  Hodges,  Hill, 
Kelly,  Kincannon,  Kincaid,  Kimbrough,  Ledbetter,  John  A.  McKin- 
ney, Neil,  Nelson,  Roadman,  Richardson,  Ridley,  Senter,  Smith, 
Smartt,  Sharp,  Scotland  Webster;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Childress, 
Cahal,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Huntsman,  Humphreys,  Hess,  Loving,  McClellan, 
Robert  J.  McKinney,  Mabry,  McGaughey,  Montgomery,  Marr,  Por- 
ter, Purdy,  Robertson,  Stephenson,  Ury,  Whitson,  Walton,  White 
and  Weakley  ;  34. 

And  so  said  resolution  was  rejected. 

Mr  CANNON  offered  the  following  resolution;  to  wit: 

"Resolved,  That  the  Seat  of  Government  shall  be  established  at  the 
nearest  eligible  situation  to  the  centre  of  the  State,  under  such  regula- 
tions as  may  be  prescribed  by  the  Legislature  at  their  second  session." 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive ;  ayes  24,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs,  Armstrong,  Bradshaw,  Cannon,  Hodges,  Hill,  Kelly,  Kincan- 
non, Kincaid,  Kendall,  Kimbrough,  Ledbetter,  John  A.  McKinney, 
Mabry,  Neil,  Nelson,  Roadman,  Richardson,  Ridley,  Senter,  Smith, 
Smartt, Sharp,  Scott  and  Webster;  24. 

The  negative  voters  are, 

Messrs  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Chil- 
dress, Cahal,  Cobbs,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett, 
Gillespy,  Gray,  Gordon,  Huntsman,  Humphreys,  Hess,  Loving,  Mc- 
Clellan, Robert  J.  McKinney,  McGaughey,  Montgomery,  Marr,  Por- 
ter, Purdy,  Robertson,  Stephenson,  Ury,  Whitson,  Walton,  White  and 
Weakley;  35. 

And  so  said  resolution  was  rejected. 

Mr  CHEATHAM  offered  the  following  preamble  and  resolution;  to  wit: 

"Whereas  the  location  of  the  Seat  of  Government  is  a  matter  of  vi- 
tal importance,  and  was  one  of  the  principal  reasons  that  influenced  the 
d  people  of  Tennessee  in  voting  a  call  of  a  Convention,  and  the  nurrv 
of  places  that  have  been  put  in  nomination  are  so  numerous  that  no 
place  has  obtained  a  majority  of  votes,  and  that  each  place  claim- 
ing tie  location  of  the  Seat  of  Government  may  have  an  equal  and  fair 
test  of  their  claim,  and  that  the  important  question  may  be  put  forever 
at  rest. 

"Resohfd^  That  the  towns  of  Nashville,  Columbia,  Murfreesborough, 
McMinnville  and  Shelbyville,  all  be  put  in  nomination  at  one  and  at 
the  same  tirae,  and  that  the  Convention  proceed  to  vete  for  the  location 
at  one  of  the  before  mentioned  towns,  and  that  on  each  vote  being  taken, 
the  place  having  the  lowest  number  of  rotes  be  withdrawn,  and  that 
the  Convention  forthwith  proceed  to  vote  and  decide  upon  the  perma- 
nent location  of  the  Seat  of  Government." 


368 

And  thereupon  the  question  was  had  on  adopting  said  resolution  and 
determined  in  the  negative;  ayes  19,  noes  40. 

The  ayes  and  noes  being  demanded  by  Mr  CIIEATHAM, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Burton,  Blount,  Cheatham,  Cross,  Fogg,  Garrett, 
Loving,  Montgomery,  Marr,  Richardson,  Ridley,  Robertson,  Smith, 
Scott,  Ury,  Whitson,  Walton  and  Weakley;  19. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Cannon,  Chil- 
dress,  Cahal,  Cobbs,  Douglass,  Fulton,  Gillespy,  Gray,  Gordon,  Hodges, 
Hill,  Huntsman,  Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Ken- 
dall, Kimbrough,  Ledbetter,  McClellan,  Robert  J.  McKinney,  John  A. 
McKinney,  Mabry,  McGaughey,Neil,  Nelson,  Porter,  Purdy,  Roadman, 
Siephenson,  Senter,  Smartt,  Sharp,  White  and  Webster;  40. 

And  so  said  resolution  was  rejected. 

Mr  HUNTSMAN  then  called  up  the  resolution  submitted  by  him  to-day, 
in  relation  to  locating  the  seat  of  government;  which  was  read; 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  32,  noes  26. 

The  ayes  and  noes  being  demanded  by  Mr  HUNTSMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Blount,  Cahal, 
Cobbs,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Hess, 
Kelly,  Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Marr,  Neil,  Porter,  Purdy,  Ridley,  Sen- 
ter, Smith,  Smartt,  Sharp,  Scott  and  Ury;  32. 

The  negative  voters  are, 

Messrs.  Allen,  Bradshaw,  Burton,  Cannon, Childress,  Cheatham,  Ful- 
ton, Fogg,  Garrett,  Hodges,  Humphreys,  Kincannon,  Kincaid,  Ledbet- 
ter, Loving,  Mabry,  Montgomery,  Roadman,  Richardson,  Robertson, 
Stephenson,  Whitson,  Walton,  White,  Webster  and  Weakley;  26. 

And  so  said  resolution  was  adopted. 

Mr  CHILDRESS  offered  the  following  preamble  and  resolution;  to  wit: 

"Whereas  it  is  evident  from  the  very  many  attempts  made  by  the  Con- 
vention to  locate  permanently  the  seat  of  government,  that  it  cannot  now 
be  done;  and  whereas  there  seems  to  be  some  excitement  among  the  cit- 
izens of  the  several  places  put  into  nomination ;  and  whereas  the  tempo- 
rary location  of  the  same  at  any  one  of  those  places  might  operate  as  »i 
advantage  over  the  others  in  the  permanent  location  thereof,  therefore, 
resolved,  that  the  seat  of  government  of  this  State  be  located  and  estab- 
lished at  the  town  of  Franklin,  in  Williamson  county,  until  the  so*ie  be 
permanently  established  in  one  thousand  eight  hundred  and  forty^hree." 

In  lieu  of  which,  Mr  MABRY  offered  the  following;  to  wit: 

"The  General  Assembly  shall  sit  at  Nashville,  until  the  seat  of  gov- 
ernment is  permanently  established  in  the  year  one  thousand  eight  hnn- 
dred  and  forty  three." 

And  thereupon  the  question  was  had,  on  receiving  said  proposition, 
in  lieu  of  the  resolution  of  Mr  Childress  and  determinad  in  the  affirm- 
ative; ayes  31,  noei  127. 


369 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Bradshaw,  Burton, 
Blount,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Kincaid,  Loving,  Mabry,  Montgomery,  Marr,  Porter, 
Purdy,  Roadman,  Robertson,  Smith,  Ury,  Whitson,  Walton,  White, 
Webster  and  Weakley;  31. 

The  negative  voters  are, 

Messrs.  Armstrong,  Cannon,  Childress,  Cabal,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hess,  Kelly,  Kincannon,  Kendall,  Kimbrough,  Led- 
better,  McClellan,  Robert  J.  McKinncy,  John  A.  McKinney,  Mc- 
Gaughey,  Neil,  Nelson, Richardson,  Ridley,  Stephenson,  Senter,  Smartt, 
Sharp  and  Scott;  27. 

And  so  said  resolution  was  received  for  consideration  in  lieu  of  that 
of  Mr  Childress: 

And  in  lieu  of  which,  Mr  LEDBETTER  offered  the  following;  to  wit: 

"The  first  Legislature  shall  meet  at  the  town  of  Murfreesborough,  in 
the  county  of  Rutherford." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  28,  noes  31. 

The  ayes  and  noes  being  demanded  by  Mr  LEDBETTER, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Cannon,  Childress,  Cabal,  Cobbs,  Hodges,  Hill, 
Humphreys,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrongb, 
Led  better,  McClellan,  Robert  J.  McKinney,  McGaughey,  Neil,  Nel- 
son, Purdy,  Richardson,  Ridley,  Senter,  Smartt,  Sharp,  Scott  and  Web-, 
ster;  28. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Blount,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Huntsman,  Loving,  John  A.  McKinney,  Mabry,  Mont- 

f  ornery,  Marr,  Porter,  Roadman,  Robertson,  Stephenson,  Smith,  Urv, 
Vhitson,  Walton,  White  and  Weakley;  31. 

Whereupon  Mr  SMARTT  offered  the  following  in  lieu  of  Mr  Mabry's 
resolution;  to  wit: 

"Resolved,  That  the  Legislature  shall  hereafter  sit  in  McMinnvillc 
until  the  permanent  location  of  the  seat  of  government  in  one  thousand 
eight  hundred  and  forty  three." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  26,  noes  33. 

The  ayes  and  noes  being  demanded  by  Mr  SHARP, 

The  affirmative  voters  are, 

Messrs.  Armstrong,  Cannon,  Childress,  Cabal,  Cobbs,  Hodges,  Hill, 
Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Ledbetter,  McClel- 
lan, Robert  J.  McKinney,  McGaughey,  Neil,  Nelson,  Roadman,  Rich- 
ardson, Ridley,  Senter,  Smartt,  Sharp,  Soott  and  Webster;  26. 

The  negative  voters  are, 

Messrs.    President  (Cajrtcr),  Allen,  Alexander,  Bradshaw,   Burton, 

BB 


370 

Mount,  Cheatfnm,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespj, 
Gray.  Gordon,  Huntsman,  Humphreys,  Hess,  Loving,  John  A.  McKin- 
ney, Mabry,  Montgomery,  Marr,  Porter,  Partly, Robertson, Stephenson, 
Smith,  Ury,  Whitson,  Walton,  White  and  Weakley;  33. 

Mr  CAHAL  moved  to  strike  out  the  word  "Nashville"  and  to  insert  in 
lieu  thereof  the  word  "Columbia." 

And  thereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  24,  noes  35. 

The  ayes  and  noes  being  demanded  by  Mr  CAIIAL, 

The  affirmative  voters  are, 

Messrs  Alexander,  Cannon,  Childres?,  Cahal,  Cobbs,  Cross,  Hodge?, 
Hill,  Humphreys,  Kincannon,  Kincaid,  Lcdbetter,  McClellan,  Mc- 
Gaughey,  Neil,*  Nelson,  Purdy,  Ridley,  Robertson,  Senter,  Smartt, 
Sharp,  Scott  and  Webster;  24. 

The  negatire  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Bradshaw,  Burton, 
Blount,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy,  Gray, 
Gordon,  Huntsman,  Hess,  Kelly,  Kendall,  Kimbrough,  Loving,  Robeit 
J.  McKinney,  John  A.  McKinney,  Mabry,  Montgomery,  Marr,  Porter, 
Roadman, Riclrirds.)ii,  Stephcnson,  Smith,  Ury,  Whitson,  Walton,  White 
mid  Weakley;  35. 

In  lieu  of  Mr  Mabry's  proposition,  Mr  ROADMAN  offered  the  follow- 
ing; to  wit: 

"Resolved,  That  the  first  session  of  the  Legislature  under  this  Consti- 
tution shall  be  held  in  the  City  of  Nashville." 

Thereupon  the  question  was  had  and  determined  in  the  affirmati/e; 
ayes  32,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr  ROADMAN, 

The  aih'rmative  voters  are, 

Messrs.  Armstrong,  Alexander,  Bradshaw,  Cannon,  Childress,  Cobbs, 
Cross,  Gillespy,  Gray,  Hill,  Hess,  Kelly,  Kincannon,  Kincaid,  Kendall, 
Kimbrough,  Lcdbetter,  McCleilan,  Robert  J.  McKinney,  John  A. 
McKinney,  McGau^hey,  Neil,  Purdy,  Roadman,  Richardson,  Ridley, 
Stephenson,  Senter,  Smith,  Smart t,  Sharp  and  Webster;  32. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Alien,  Burton,  Blount,  Cahal,  Cheatham, 
Douglass,  Fulton,  Fogg,  Garrett,  Gordon,  Hodges,  Huntsman,  Hum- 
phreys, Loving,  Mabry,  Montgomery,  Marr,  Nelson,  Porter,  Robertson, 
Scott,  Ury,  Whitson,  Walton,  White  and  Weakley;  27. 

And  so  said  resolution  was  received  for  consideration,  in  lieu  of  the 
proposition  of  Mr  Mabry. 

Mr  President  (CAUTER)  moved  to  amend  the  proposition  of  Mr  Road- 
man, by  providing  that  the  second  session  of  the  Legislature  should  also 
be  held  in  the  city  of  Nashville: 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
ti/e  ;  ayes 20,  noes  29. 

The  ayes  and  noes  being  demanded  by  Mr.  HODGES, 

The  affirmative  voters  are, 


371 

Messrs.  President  (Carter),' Allen,  Armstrong,  Alexander,  Burton, 
Blount,  Douglass,  Fulton,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon, 
Huntsman,  Hess,  Kendall,  Loving,  Montgomery,  Marr,  Porter,  Road- 
man, Robertson,  Smith,  Scott,  Ury,  Whitson,  Walton,  White  and 
Weakley;  29. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Cannon,  Childress  Cabal,  Cobbs,  Cheatham, 
Hodges,  Hill,  Humphreys,  Kelly,  Kincannon,  Kincaid,  Kimbrough, 
Ledbetter,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Ma- 
bry,  McGaughey,  Neil,  Nelson,  Purdy,  Richardson,  Ridley,  Stephen- 
son,  Senter,  Smartt,  Sharp  and  Webster ;  29. 

And  so  said  amendment  was  rejected. 

In  lieu  of  Mr  Roadman's  proposition,  Mr  ALLEN  submitted  the  fol- 
following;  to  wit: 

"The  General  Assembly  under  this  Constitution  shall  meet  and  hold 
their  sessions  in  the  town  of  Nashville  until  the  year  one  thousand  eight 
hundred  and  forty." 

Which  was  laid  on  tho  table  until  to-morrow. 

Mr  HUNTSMAN  moved  to  reconsider  the  fifth  section  of  the  seventh  ar- 
ticle; which  motion  prevailing,  he  further  moved  to  amend  said  section, 
by  adding  thereto  the  words  "and  shall  terminate  the  same  day";  which 
motion  also  prevailed. 

The  said  fifth  section  was  then  read,  as  amended,  and  adopted. 

Mr  DOUGLASS  moved  a  reconsideration  of  the  vote  adopting  the  reso- 
lution heretofore  submitted  by  him,  appointing  this  day  for  the  adjourn- 
ment of  the  Convention;  which  motion  prevailing, he  further  moved  to 
lay  said  resolution  on  the  table;  which  motion  also  prevailed. 

And  then  the  Convention  adjourned. 

THURSDAY,  August  28, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Rev.  Mr.  EDGAR,  of  the  Presbyterian  Church. 

Mr  HUMPHREYS  moved  that  the  roport  of  the  Committee  on  the  sub- 
ject of  the  best  mode  of  distributing  the  printed  copies  which  have  been 
ordered  of  the  Constitutions,  to  be  taken  up:  which  motion  prevailing, 

The  report  was  taken  up,  read  and,  after  a  slight  amendment,  was 
concurred  in: 

And  is  in  the  following  words;  to  wit: 

"The  Committee  to  whom  was  referred  the  inquiry  as  to  the  best  mode 
of  distributing  the  copies  of  the  Constitutions  and  of  the  Journals,  and 
to  ascertain  the  number  of  copies  each  county  may  be  entitled  to  under 
the  order  of  this  Convention,  state,  that,  upon  examination,  they  find  the 
most  expensive  mode  of  distribution  to  be  by  means  of  the  mail,  and 
that  a  special  contract,  under  the  direction  of  the  Secretary  of  State,  i« 
the  best  mode. 

"The  printers  give  in  formation,  that  they  will  be  able,  in  some  six  or 
eight  hour*  after  the  Constitution  shall  be  placed  in  their  hands,  to  fur- 


372 


nish  a  large  number  of  copies,  for  the  immediate  use  of  the  people  in 
their  respective  counties,  through  their  respective  members. 

"The  Committee  are  of  opinion  that  the  distribution  of  the  copies  or 
the  Constitution  should  be  entrusted  to  the  Members,  to  be  by  them  equi- 
tably distributed  among  the  qualified  voters,and  that  the  journals  of  the 
Convention  should  be  deposited  with  the  clerks  of  the  county  courts. 

"The  Committee  find  from  calculation  that  the  counties  are  entitled 
to  the  folio  wing  numbers  respectively;  to  wit: 


Anderson    ::::::  120 

Bledsoe       ::::::  127 

Carter    :::::::  183 

Claiborne    ::::::  186 

Campbell    ::::::  120 

Cocke     ;;:::::  131 

Greene  :::::::  333 

Grainger     ::::::  203 

Hawkins     ::::::  298 

Hamilton     ::::::  54 

Jefferson      ::::::  237 

Knox     :::::::  328 

Monroe       ::::::  311 

McMinn      ::::::  324 

Marion    :::::::  127 

Morgan  :::::::  65 

Rhea       :::::::  139 

Roane     :::::::  246 

Sullivan      ::::::  240 

Sevier     ::,::::  130 

Washington     :     :     :     :     :  270 

Perry      :     :     :     :     :     :     :  175 

Tipton    :::::::  138 

Weakley     ::::::  137 

Carroll  :::::::  270 

Dyer      :::::::  61 

Fayette  :     :     ;     ;     :    ;     •  233 

Hardeman  ;     ;    :     :      ;     ;  270 

Henry     ;    ;     ;     :     :     :     ;  300 

Shelby    :  :     :     ;     :     :     :  170 
Henderson 


Hardin 

Hay  wood      ......  138 

M'Nairy 150 

Madison 277 

Sumner 257 

Smith 441 

Stewart 179 

Wilson 475 

Williamson 4155 

Wayne .     .  172 

Warren  ...     •    •     •     .  337 

Blount .248 

White     .......  258 

Rutherford 457 

Robertson    ......  265 

Overton 193 

Montgomery    .     ....  253 

Maury •    •  553 

Lincoln 45G 

Lawrence •  137 

Jackson 234 

Humphreys 155 

HIckman 184 

Giles 335 

Franklin      ......  &)L 

Fentress       ......  86 

Dickson 140 

Davidson 495 

Bedford 577 

Obion 65 

Gibson     .  .                    .     .  217 


:     :     :     :     :     237 

The  Committee  state  the  above  to  be  the  result  of  their  calculation, 
which  will  give  one  copy  to  about  eight  of  ten  qualified  voters,  and  dif- 
fuse ample  information  throughout  the  State. 

W.  H.  HUMPHREYS. 

Mr  BURTON  submitted  the  following;  to  wit : 

"Resolved,  That  the  President  of  this  Convention  tender  to  the  Rev- 
erend the  clergy  of  this  city  the  thanks  of  the  Convention  for  the 
promptness  and  punctuality  with  which  they  have  complied  with  the  re- 
quest of  the  Convention,  in  opening  its  daily  sessions  with  prayer." 


373 

And,  on  motion  of  Mr  BURTON,  the  rule  requiring  resolutions  to  lie 
one  day  on  the  table,  being  suspended, 

Said  resolution  was  unanimously  adopted. 

Mr  ARMSTRONG  moved  that  the  unfinished  business  of  yesterday  br> 
taken  up;  which  motion  prevailing;  the  following  resolution,  submitted 
on  yesterday  by  Mr  Allen,  was  taken  up  and  read;  to  wit: 

"The  General  Assembly  under  this  Constitution  shall  meet  and  hold 
their  sessions  in  the  town  of  Nashville,  until  the  year  one  thousand  eight 
hundred  and  forty. 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  23,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr.  ALLEN, 

The  affirmative  voters  areT 

Messrs.  Allen,  Burton,  BLount,  Cheatham,  Cross,  Douglass,  Fulton, 
Fogg,  Garrett,  Gillespy,  Gordon,  Huntsman,  Loving,  Mabry,  Montgo- 
mery, Porter,  Robertson,  Smith,  Ury,  Whitson,  Walton,  White  and 
Weakley;  23. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Alexander,  Bradshaw, 
Cannon,  Chiidress,  Cabal,  Cobbs,  Gray,  Hodges,  Hill,  Humphreys, 
Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kimbrough,  Ledbetter, 
McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Neil, 
Purdy,  Roadman,  Richardson,  Ridley,  Stephenson,  Senter,  Smartt, 
Sharp,  Scott  and  Webster;  34. 

And  so  s;dd  resolution  was  rejected. 

The  question  then  recurred  upon  the  following  resolution  submitted 
on  yesterday  by  Mr  ROADMAN;  to  wit: 

"Resokcd,  That  the  first  session  of  the  Legislature  under  this  Constitu- 
tion shall  be  held  in  the  city  of  Nashville." 

From  which  Mr  CHILDRESS  moved  to  strike  out  the  word  "Nashville" 
and  to  insert  in  lieu  thereof  the  word  "Franklin." 

And  thereupon  the  question  was  had  and  determined  in  the  nega- 
tive; ayes  20,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr.  BURTON, 

The  affirmative  voters  are, 

Messrs.  Cannon,  Chiidress,  Cabal,  Cobbs,  Hodges,  Hill,  Humphreys, 
Kelly,  Kincannon,  Ledbetter,  McClellan,  Robert  J.  McKinney,  Mabry, 
McGaughey,  Richardson,  Ridley,  Senter,  Smartt,  Sharp  and  Scott;  20. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
dhaw,  Burton,  Blount,  Cheatham,  Cross,  Douglass,  Fulton,  Fogg,  Gar- 
rett, Gillespy,  Gray,  Gordon,  Huntsman,  Hess.  Kincaid,  Kendall,  Kim- 
brough, Loving,  John  A.  McKinney,  Montgomery,  Neil,  Porter,  Purdy, 
Roadman,  Robertson,  Stephenson,  Smith,  Ury,  Whitson,  Walton, 
White,  Webster  and  Weakley  ;  37. 

And  so  the  Convention  refused  to  strike  out  and  insert,  as  proposed. 

Whereupon  Mr  GARUETT  moved  the  previous  question,  but  subse- 
quently withdrew  said  motion,  at  the  request  of  Mr  Humphreys;  and 


374 

Mr  HUMPHREYS  thereupon  moved  a  reconsideration  of  the  vote  taken 
on  yesterday,  rejecting  the  proposition  of  Mr  Carter,  to  amend  the 
resolution  now  under  consideration,  by  inserting  the  words  "first  and  se- 
cond sessions"  in  lieu  of  the  words  "first  session"  in  said  resolution: 

Whereupon  the  question  was  had,  and  determined  in  the  affirmative; 
ayes  39,  noes  18. 

The  ayes  and  noes  being  demanded  by  Mr  McCLELLEN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cahal,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gilles* 
py,  Gray,  Gordon,  Hodges,  Huntsman,  Humphreys,  Hess,  Kelly,  Kin- 
cannon,  Kendall,  Kimbrough,  Loving,  Montgomery,  Porter,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Smith,  Scott,  Ury,  Whitson^ 
Walton,  White  and  Weakley;  39. 

The  negative  voters  are, 

Messrs.  Cannon,  Childress,  Cobbs,  Cheatham,  Hill,  Kincaid,  Ledbet* 
tcr,  McClellan,  Robert  J.  McKinney,  John  A.  McKinney,  Mahry,  Mc- 
Gaughey,  Neil,  Stephenson,  Senter,  Smartt,  Sharp  and  Webster}  L8. 

And  so  the  Convention  agreed  to  reconsider. 

Thereupon  the  question  was  had,  upon  the  adoption  of  said  amend- 
ment, and  determined  in  the  affirmative;  ayes  35,  noes  22. 

The  ayes  and  noes  being  demanded  by  Mr.  JOHN  A.  McKoJNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  'Alexander,  Burton, 
Blount,  Cahal,  Cobbs,  Cross,  Douglass,  Fulton,  Fogg,  Garrett,  Gillcspy, 
Gray,  Gordon,  Huntsman,  Humphreys.  Hess,  Kendall,  Kimbrough, 
Loving,  Mabry,  Montgomery,  Porter,  Purdy,  Roadman, Robertson, Smith, 
Scott,  Ury,  Whitson,  Walton,  White  arid  Weakley;  35. 

The  negative  voters  arc, 

Messrs.  Bradshaw,  Cannon,  Childress,  Cheatham,  Hodges,  Hill, Kelly, 
Kincannon,  Kincaid,  Led  better,  McClellan,  Robert  J.  McKinney,  John 
A.  McKinney,  McGaughey,  Neil,  Richardson,  Rid  ley,  Stephenson,  Sen- 
ter, Smartt,  Sharp  and  Webster;  22. 

And  so  said  amendment  wasodered. 

The  question  then  recurred  upon  the  adoption  of  Mr  Roadman's  res- 
olution as  amended;  and  being  had, was  determined  in  the  affirmative, 
ayes  32,  noes  25. 

The  ayes  and  noes  being  demanded  by  Mr  ROADMAN, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Burton, 
Blount,  Cheatham,  Cross,  Douglass.  Fulton,  Fogg,  Garrett,  Gillespy, 
Gray,  Gordon,  Huntsman,  Hess,  Kendall,  Loving,  Mabry,  Montgome- 
ry, Porter,  Purdy,  Roadman,  Robertson.  Smith,  Scott,  Ury,  Whitson, 
Walton,  White  and  Weakley;  32. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Cannon,  Childress,  Cah'al,  Cobbs,  Hodges,  Hill, 
Humphreys,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  Lcdbetter,  Mc- 
Clellan, Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Neil, 


375 

Richardson,  Ridley,  Stephcnson,  Sentcr,  Smartt,  Sharp  and  Webster; 

Or: 

A.C/. 

And  GO  said  resolution  was  adopted. 

On  motion  of  Mr  ARMSTRONG,  the  report  of  the  committee  on  Sena- 
torial and  Representative  districts  was  taken  up  and  read. 

Mr  ARMSTRONG  moved  a  concurrence  with  said  report: 

And  thereupon  Mr  CARTER  moved  to  strike  from  the  iirst  District  the 
word  "Hawkins,"  and  to  insert  in  lieu  thereof  the  word  "Washington": 

And  thereupon  the  question  was  had  and  determined  in  the  affirma^ 
taves  ayes  29,  noes  27. 

The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEV, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount,  Cobbs, 
Cheatham,  Cross.  Fulton,  Fogg,  Garrett,  Gillespy,  Gordon,  Hodges, 
Himtsman,  Humphreys,  Kincannon,  Kincaid,  Loving,  Purdy,  Robert- 
son, Senter,  Sharp,  Scott,  Ury,  Walton,  White,  Webster  and  Weak- 
ley;  29. 

The  negative  voters  are, 

Messrs.  Bradshaw,  Cannon,  Childress,  Cabal,  Douglass,  Gray,  Hill, 
Hess,  Kelly,  Kendall,  Kimbrough,  Led  better,  McClellan,  Robert  J. 
McKinney,  John  A.  McKinney,  Mabry,  McGaughey.  Montgomery, 
Neil,  Porter,  Roadman,  Richardson,  Ridley,  Stephenson,  Smith,  Smartt 
and  Whitson;  27. 

And  so  said  amendment  was  agreed  to. 

Mr  CAIIAL  moved  the  following  amendment  to  said  report;  to  wit: 

"Bedford  and  Maury  shall  each  elect  two  Representatives,  and  also 
cne  Representative  jointly: 

"Warren  and  Franklin  shall  each  elect  one  Representative  and  also 
one  Representative  jointly."' 

Whereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  14,  noes  37. 

The  ayes  and  noes  being  demanded  by  Mr.  CAIIAL, 

The  affirmative  voters  arc, 

Messrs.  President  (Carter),  Cannon,  Cabal,  Cobbs,  Fogg,  Gordon, 
Humphreys,  Kincaid,  McClellan,  Mabry,  Ridley,  Scott,  Ury  and  Web- 
ster; 14. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Alexander,  Bradshaw,  Burton,  Blount, 
Childress,  Cheatham,  Fulton,  Garrett,  Gray,  Hodges,  Hill,  Huntsman, 
Hess,  Kelly,  Kincannon,  Kendall,  Kimbrough,  Ledbetter,  Loving,  Mc- 
Gaughey, Montgomery,  Neil,  Porter,  Purdy,  Roadman,  Richardson, 
Robertson,  Senter,  Smith,  Smartt,  Sharp,  Whitson,  Walton,  White  and 
Weakley;37. 

And  so  the  Convention  refused  to  make  said  proposed  amendment. 

And  the  Report  was  laid  on  the  table. 

Mr  GAKRETT  submitted  the  following  resolution:  to  wit: 

"Resolved,  That  the  Principal  Secretary  and  the  Assistant  Secretary 
to  this  Convention,  be  allowed  the  sum  of  dollars  per  day  each; 


376 

and  that  the  Principal  Doorkeeper  and  the  Assistant  Doorkeeper,  be 
allowed  each  the  sum  of  dollars  per  day;  for  their  services  during 

the  session  of  this  Convention." 

And  on  motion  of  Mr  GARRETT,  the  rule  requiring  resolutions  to  lie 
oaie  day  on  the  table,  was  suspended. 

Mr  LEDBETTER  then  moved  to  fill  the  blanks  in  said  resolution  with 
the  sum  of  six  dollars  each  for  the  Secretary  and  his  Assistant,  and  the 
sum  of  four  dollars  each  for  the  Doorkeeper  and  his  Assistant:  which 
Was  agreed  to. 

And  said  resolution  was  adopted. 

On  motion  of  Mr  WALTON,  the  report  of  the  committee  on  Senato- 
rial and  Representative  Districts  was  taken  up. 

Mr  Fulton  offered  the  following  as  an  amendment  to  said  report;  to 
wit: 

"The  counties  of  Jackson,  Fcntress  and  Overton,  shall  compose  a 
Senatorial  District,  and  shall  elect  one  Senator. 

"The  counties  of  White  and  Warren,  shall  compose  one  Senatorial 
District,  and  shall  elect  one  Senator." 

"The  counties  of  Franklin  and  Lincoln  shall  compose  one  Senatori- 
al District,  and  shall  elect  one  Senator." 

Whereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  11,  noes  45. 

The  ayes  and  noes  being  demanded  by  Mr  FULTON, 

The  affirmative  voters  are, 

Messrs.  Cahal,  Fulton,  Fogg,  Garrett,  Kincaid,  Loving,  Mabry,  Por- 
ter, Robertson,  Ury  and  We  aid  ey;  1). 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childress,  Cobbs,  Cheatham,  Cross,  Douglass, 
Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess, 
Kelly,  Kincannon,  Kendall,  Kimbrough,  Ledbetter,  McClellan,  Robert 
J»  McKinney,  McGaughey,  Montgomery,  Neil,  Nelson,  Purdy,  Road- 
man, Richardson,  Ridley,  Stephenson,  Senter,  Smith,  Smartt,  Sharpy 
Whitson,  Walton,  White  and  Webster;  45. 

And  so  the  Convention  refused  to  make  said  [proposed  amendment. 

Mr  CAHAL  offered  the  following,  as  an  amendment  to  said  report;  to 
wit: 

"The  counties  of  Lincoln,  Bedford  and  Maury,  shall  each  elect  two 
representatives,  and  also  one  representative  jointly;  and 

"The  counties  of  Warren  and  Franklin  shall  each  elect  one  repre- 
sentative and  one  representative  jointly." 

Whereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  15,  noes  42. 

The  ayes  and  noes  being  demanded  by  Mr.  FULTON, 

The  affirmative  voters  are, 

Messrs.  Cahal,  Cobbs,  Cross,  Fulton,  Fogg,  Kincannon,  Kincaid , 
Ledbetter,  Loving,  Mabry,  Porter,  Ridley,  Ury,  Webster  and  Weak- 
ley;  15. 


377 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  Blount,  Cannon,  Childress,  Cheatham,  Douglass,  Gar- 
rett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys, 
Hess,  Kelly,  Kendall,  Kimbrough,  McClellan,  Robert  J.  McKinney, 
John'  A.  McKinney,  McGaughey,  Montgomery,  Neil,  Nelson,  Purdy, 
Roadman,  Richardson,  Robertson,  Stephenson,  Senter,  Smith,  Smartt, 
Sharp,  Whitson,  Walton  and  White  ;  42. 

And  so  the  Convention  refused  to  make  the  proposed  amendment. 

Mr.  Porter  offered  the  following  as  an  amendment  to  said  report;  to 
wit: 

"Resolved,  That  the  counties  of  Franklin  and  Warren,  in  the  year 
one  thousand  eight  hundred  and  thirty-five,  elect  four  representatives 
to  the  State  Legislature,  for  two  years  ensuing  said  election,  and  that 
in  the  year  one  thousand  eight  hundred  and  thirty-seven,  the  counties 
af  Lincoln  and  Giles  shall  elect  five  representatives  for  two  years  from 
the  time  of  said  last  election  ;  and  that  the  counties  of  Franklin  and 
Warren,  in  the  year  one  thousand  eight  hundred  and  thirty-seven, 
shall  elect  but  three,  and  that  said  two  districts  shall  as  above  describ- 
ed alternately  elect  the  odd  representative  until  the  next  enumeration 
takes  place." 

Whereupon  the  question  was  had  and  determined  in  the  negative ; 
ayes  9,  noes  45. 

The  ayes  and  noes  being  demanded  by  Mr  PORTEB, 

The  affirmative  voters  are, 

Messrs  President  (Carter),  Cabal,  Cobbs,  Fulton,  Fogg,  Garrett, 
Kincannon,  Porter  and  Wealdey  ;  9. 

The  negative  voters  are, 

Messrs  Allen,  Armstrong,  Bradshaw,  Blount,  Cannon,  Childress, 
Cheatham,  Cross,  Douglass,  Gillespy,  Gray,  Gordon,  Hodges,  Hill, 
Huntsman,  Humphreys,  Hess,  Kelly,  Kincaid,  Kendall,  Kimbrough, 
Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  John  A.  Mc- 
Kinney, Mabry,  McGaughey,  Montgomery,  Neil,  Nelson,  Purdy,  Road- 
man, Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt,  Ury,  Whitson,  Walton,  White  and  Webster ;  45. 

And  so  said  proposed  amendment  was  rejected. 

Mr.  CROSS  moved  to  amend  the  said  report  as  follows  ;  to  wit : 

Take  Perry  county  from  the  district  composed  of  the  counties  of 
Henderson,  Hardin  and  McNairy,  and  attach  it  to  that  composed  of 
Wayne,  Lawrence  and  Hickman. 

And  thereupon  the  question  was  had,  and  determined  in  the  nega- 
tive ;  ayes  21,  noes  36. 

The  ayes  and  noes  being  demanded  by  Mr.  SCOTT, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Alexander,  Cannon,  Cabal,  Cross, 
Gillespy,  Huntsman,  Humphreys,  Kendall,  Ledbetter,  Loving,  Mc- 
Clellan, John  A.  McKinney,  Neil,  Nelson,  Purdy,  Ridley,  Robertson, 
Smartt,  Scott  and  Ury;  M. 


378 

The  negative  voters  are, 

Messrs.  Allen.  Armstrong,  Bradshaw,  Burton,  Blount,  Childress, 
Cobbs,  Cheatham,  Douglass,  Fulton,  Fogg,  Garrett,  Gray,  Gordon, 
Hodges,  Hess,  Kelly,  Kincannon,  Kincaid,  Kimbrough,  Robert  J. 
McKinney,  Mabry,  McGaugbey,  Montgomery,  Porter,  Roadman,  Rich- 
ardson,  Stephenson,  Senter,  Smith,  Sharp,  Whitson,  Walton,  White, 
Webster  and  Weakley  ;  36. 

And  so  said  proposed  amendment  was  rejected. 

Mr.  GILLESPY  proposed  the  following  amendment  to  said  report;  to 
wit: 

"The  counties  of  Grainger,  Claiborne,  Campbell  and  Anderson 
shall  compose  the  third  Senatorial  District,  and  elect  one  Senator : 
(4678  voters.) 

"The  Counties  of  Jefferson,  Cocke,  Sevier  and  Blount  shall  com- 
pose the  fourth  Senatorial  District  and  elect  one  Senator:  (5635  vo- 
ters. ) 

"The  Counties  of  Knox,  Roane  and  Morgan  shall  compose  the  fifth 
Senatorial  District  and  elect  one  Senator:  (4741  voters.) 

ClThe  Counties  of  Monroe  and  McMFnn  shall  compose  the  sixth 
Senatorial  District  and  elect  one  Senator  :  (4772  voters.) 

"The  Counties  of  Rhea,  Bledsoe,  Marion  and  Hamilton  shall  com- 
pose the  seventh  Senatorial  District ,  and  elect  one  Senator;  (3683 
voters. ) 

'•The  Counties  of  Claiborne,  Grainger,  Jefferson,  Cocke,  Sevier, 
Blount,  Knox,  Roane,  Rhea,  Monroe  and  McMinn,  shall  elect  one  Re- 
presentative each.  The  Counties  of  Campbell  and  Anderson,  shall 
elect  one  Representative.  The  Counties  of  Morgan  and  Bledsoe 
shall  elect  one  Representative.  The  Counties  of  Marion  and  Hamilton 
shall  elect  one  Representative.  The  Counties  of  McMinn  and  Mon- 
roe shall  elect  one  Member  jointly.  The  Counties  of  Roane  and 
Knox  shall  elect  one  Representative  jointly.  The  counties  of  Blount 
and  Jefferson  shall  elect  one  representative  alternately,  commencing 
with  the  county  of  ." 

In  lieu  of  which  Mr.  MCGAUGHEY  offered  the  following  ;  to  wit : 

"The  Counties  of  Washington,  Greene  and  Cocke  shall  cornposa 
one  District,  and  elect  one  Senator. 

"The  Counties  of  Blount,  Jefferson  and  Sevier  shall  compose  one 
District,  and  elect  one  Senator." 

Whereupon  Mr.  STEPHENSON  moved  that  the  report  of  the  Com- 
mittee, together  with  the  amendments  thereto  proposed,  so  far  as  the 
same  relate  to  East  Tennessee,  be  referred  to  a  committee  consisting 
of  the  whole  delegation  from  East  Tennessee. 

Whereupon  Mr.  Gillespy,  in  order  to  expedite  business  and  prevent 
further  discussion,  withdrew  his  proposed  amendment. 

Mr.  KINCAID  then  moved  a  reconsideration  of  the  vote  heretofore 
taken,  adopting  the  amendment,  proposed  by  Mr.  Carter,  in  relation 
to  the  first  District. 

And  thereupon  the  question  being  had,  it  was  determined  in  the 
negative;  ayes  21,  noes  36. 


379 

The  ajes  and  noes  being  demanded  by  Mr.  STEPHENSON, 
;    The  affirmative  voters  are, 

Messrs.  Armstrong,  Bradshaw,  Childress,  Douglass,  Gray,  Kelly, 
Kincannon,  Kincaid,  Kimbrough,Ledbetter,  McClellan,  Robert  J.  Mc- 
Kinncy,.Tohn  A.  McKinney,  Mabry,  McGaughey,  Montgomery,  Rich- 
ardson, Ridley,  Stephenson,  Smith  and  Sharp;  21. 

The  negative  voters  are, 

Messrs.  President  (Carter),  Allen,  Alexander,  Burton,  Blount, 
Cannon,  Cahal,  Cobbs,  Cheatham,  Cross,  Fulton,  Fogg,  Garrett,  Gil- 
lespy,  Gordon,  Hodges,  Hill,  Huntsman,  Humphreys,  Hess,  Kendall, 
Loving,  Neil,  Nelson,  Porter,  Purdy,  Roadman,  Robertson,  Senter, 
Scott,  Ury,  Whitson,  Walton,  White,  Webster  and  WTeakley ;  36. 

And  so  the  Convention  refused  to  reconsider  said  vote. 

The  report  and  the  amendment  proposed  thereto  by  Mr.  McGaugfo- 
e.y,  were  then,  on  motion  of  Mr.  Burton,  laid  on  the  table. 

Mr.  BURTON,  from  the  Committee  who  were  directed  to  inquire  in- 
to the  most  convenient  plan  of  submitting  the  amended  Constitution  to 
the  people,  submitted  the  following 

REPORT : 

The  Commmittee  to  whom  was  recommitted  the  Resolution  direct- 
ing an  inquiry  as  to  the  most  convenient  plan  of  submitting  the  amend- 
ed Constitution  to  the  People  for  their  ratification  or  rejection,  have 
further  considered  on  that  subject,  and  have  instructed  their  Chairman 
to  report  the  subjoined  Ordinance,  and  to  ask  the  adoption  of  the  same: 

I.  Ordered,  That  it  shall  be  the  duty  of  the  several  officers  of  this 
State,  authorized  by  law  to  hold  elections  for  Members  of  the  General 
Assembly,  to  open  and  hold  an  election,  at  the  usual  places  for  holding 
elections  for  Members  of  the  General  Assembly,  in  their  respective 
counties,  on  the  first  Thursday  and  Friday  in  ,  for  the  purpose 
of  receiving  the  votes  of  such  qualified  voters  as  may  desire  to  vote 
for  the  adoption  or  rejection  of  this  amended  Constitution  ;  provided^ 
that  no  person  shall  be  deemed  a  qualified  voter  in  said  election,  ex- 
cept such  as  are  included  within  the  provisions  of  the  first  section  of 
the  fourth  article  of  this  amended  Constitution. 

II.  Ordered^  That  it  shall  be  the  duty  of  said  returning  officers  in 
each  county  in  this  State,  to  prepare  poll  books,  which  shall  be  open- 
ed on  said  days  of  election,  and  in  which  shall  be  enrolled  the  name 
of  each,  by  the  assistance  of  clerks  who  shall  be  appointed  and  sworn 
as  clerks  in  other  elections.     Said  officers  shall  prepare  a  ballot  box 
in  which  shall  be  placed  the   ticket  of  each  voter :  each  ticket  shall 
have  written  thereon  the  words  "I  ratify  the  amended  Constitution"  ; 
csr,  if  the  voter  is  opposed  to  it,  UI  reject  the  amended  Constitution", 
or  the  words  "ratification"  or  "rejection",  or  some  other  such  word  as 
will  distinctly  convey  the  intention  of  such  voter.     The  justices  of  the 
several  county  courts   in  this  State,  at  some  term  previous  to  the  day 
of  said  election,  shall  appoint  three  Inspectors  for  each  precinct,  and 


380 

in  case  of  failure  of  the  courts  to  appoint  Inspectors,  then  said  return- 
ing officers  shall  appoint  them.  It  shall  be  the  duty  of  said  returning 
officers,  in  presence  of  said  Inspectors,  to  count  the  votes  given  for 
the  ratification  and  rejection  of  the  Constitution,  of  which  they  shall 
keep  a  true  and  correct  estimate  in  said  poll  book.  Said  returning  of- 
ficers shall  deposite  the  original  poll  books  of  said  elections  with  the 
cierks  of  the  county  courts  of  their  respective  counties,  and  shall,  with- 
in five  days  after  said  election,  make  out  duplicate  statements  of  the 
number  of  votes  in  their  respective  counties  for  ratifying  and  for  re- 
jecting the  Constitution  ;  and  shall  forward  by  mail,  one  of  said  cer- 
tificates to  the  Governor,  one  to  the  Secretary  of  State,  and  shall  like- 
wise deposite  one  with  the  clerk  of  the  county  court.  It  shall  be  the 
duty  of  said  several  clerks  carefully  to  examine  the  §aid  poll  books, 
and  forthwith  certify  to  the  Secretary  of  State  a  full,  true  and  perfect 
estimate  of  the  number  of  votes  taken  for  and  against  the  Constitution, 
as  appears  from  the  poll  books  filled  in  their  offices.  Should  said  re- 
turning officers,  or  either  of  them  fail  to  make  returns,  in  due  time  as 
above  directed  ;  the  Secretary  of  State  shall  then  be  auhorized  to  des- 
patch a  special  messenger,  for  the  purpose  of  obtaining  a  certified  copy 
of  the  result  of  said  elections. 

III.  Ordered,  That  upon  the  receipt  of  the  said  returns,  it  shall  be 
the   duty  of  the  Governor,  Secretary  of  State  and  any  one  of  the 
Judges  of  the  Supreme  Court,  or  any  two  of  the  said  named  officers, 
to  compare  the  votes  given  in  said  election  for  the  ratification  and  re- 
jection of  the  amended  Constitution,  and  if  it  shall  appear  from  said 
returns  that  a  majority  of  all  the  votes   given  in  said  election  are  for 
ratifying  the  amended  Constitution,  then  it  shall  be  the  duty  of  the 
Governor  forthwith  to  make  proclamation  of  that  fact,  and  thenceforth 
this  amended    Constitution  shall  be   ordained  and  established  as  the 
CONSTITUTION  OF  THE  STATE  OF  TENNESSEE.     It  shall  moreover  be 
the  duty  of  the  Governor,  in  and  by  said  proclamation  to  command  the 
sheriffs  and  other  officers,   directed  by  law  to  hold  and  superintend 
elections,  to  open  the  polls  of  election  at  the  usual  places   of  holding 
elections  for  Members  of  the  General  Assembly  in  their  respective  coun- 
ties, on  the  first  Thursday  in  August,  one  thousand  eight  hundred  and 
thirty-five,  for  the  purpose  of  electing  a  Governor,  and  for  the  elec- 
tion of  Senators  and  Representatives  to  the  General  Assembly  of  this 
State  from  the  several  districts  and  counties  as  mentioned  and  describ- 
ed in  this  Ordinance,  and  the  said  officers  shall  make  returns  of  said 
elections  under  the  same  rules  and  regulations  as  are  now  required  by 
the  existing  laws. 

IV.  Be  it  further  ordered,  That  if  any  Sheriff  or  other  returning 
officers  shall  fail,  faithfully,  and  within  the  time  prescribed  by  this  Or- 
dinance, to  discharge  any  of  the  duties  hereby  required;  such  Sheriff 
or  other  returning  officer,  so  failing  as  aforesaid,  shall  forfeit  and  pay 
the  sum  of  five  thousand  dolars,  to  be  recovered  by  action  of  debt  in 
any  of  the  courts   of  record  in  this  Slate  ;  to  be  sued  for  in  the  name 
of  the  Governor,  for  the  use  and  benefit  of  Common  Schools. 


381 

All  of  which  is  respectfully  submitted. 

ROBERT  M.  BURTON,  Chairman. 

Mr  BURTON  moved  to  fill  the  blank  in  said  report  with  the  word 
"March"  : 

But  before  the  question  was  had  thereon, 
The  Convention  adjourned. 

FRIDAY,  August  29, 1834. 

The  Convention  met  according  to  adjournment,  and  was  opened  with 
prayer,  by  the  Reverend  Mr  EDGAR  of  the  Presbyterian  Church. 

Mr  WHITE,  from  the  Committee  appointed  to  examine  and  correct 
the  phraseology  of  the  amended  Constitution,  made  a  report  of  sun- 
dry amendments  and  alterations  :  which  were  severally  read  and  eon~ 
curred  with. 

Mr  SMITH  moved  a  correction  of  the  Journals  of  the  twenty-second 
inst ;  changing  his  vote  to  the  affirmative  instead  of  the  negative  : 

Which  was  agreed  to,  and  said  correction  made. 

Mr  JOHN  A.  Me KINNE Y  offe red  the  following  as  an  amendment  to 
the  resolution  fixing  the  seat  of  Government ;  and  also  moved  to  strike 
out  the  word  "permanently'1  from  the  original  resolution  ;  to  wit : 

"Shall  be  designated  and  fixed,  and  when  so  fixed  shall  not  be  remov- 
ed, except  by  the  consent  of  two-thirds  of  the  Members  of  both 
Houses  of  the  Legislature." 

Which  proposition  was  adopted ;  and  said  amendment  ordered. 

Mr  FULTON  moved  to  amend  the  resolution  with  regard  to  the  lo- 
cation of  the  seat  of  Government,  so  as  to  make  it  the  duty  of  the  Le» 
gislature  of  one  thousand  eight  hundred  and  iorty-five  to  locate  the 
same. 

Which  motion  he  afterwards  withdrew. 

Mr  HUNTSMAN  moved  to  take  up  the  resolution  on  the  subject  of  an 
adjournment,  which  being  agreed  to,  Mr  Huntsman  moved  to  fill  the 
blank  in  said  resolution  with  the  words  4C  Saturday  thirtieth  instant," 
and  to  add  at  the  end  thereof  the  word  "inclusive." 

Which  motion  prevailing,  the  said  resolution  was  adopted,  as  amend- 
ed., in  the  following  words ;  to  wit : 

"Resolved,  That  this  Convention  will  adjourn  sine  die,  on  Saturday 
thirtieth  inst :  and  that  the  Committee  heretofore  appointed  for  that 
purpose,  estimate  and  report  the  expenses  of  the  session  up  to  that 
day,  inclusive." 

On  motion  of  Mr  BURTON,  the  report  of  the  Committee  appointed 
to  inquire  into  the  most  convenient  plan  of  submitting  the  amended 
Constitution  to  the  people  for  their  ratification  or  rejection,  was  taken 
up :  and  the  same  having  been  read, 

The  question  recurred  upon  the  motion  of  Mr  BURTON,  to  fill  the 
blank  in  said  report  with  the  word  "March"  : 

Which  was  agreed  to. 


382 

Mr.  CHEATHAM  then  moved  to  strike  out  from  said  report  the  words 
"I  ratify  the  amended  Constitution,"  or  if  the  voter  is  opposed  to  it,  "I 
reject  the  amended  Constitution,"  or  the  words  "ratification"  or  "re- 
jection," and  to  insert  in  lieu  thereof  the  words  "new  Constitution," 
or,  if  the  voter  is  opposed  to  it,  "old  Constitution"; 
$  And  the  question  being  had  thereon,  it  was  determined  in  the  nega- 
tive ;  ayes  18,  noes  34. 

The  ayes  and  noes  being  demanded  by  Mr.  CHEATHAM, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Armstrong,  Blount,  Childress,  Cahal, 
Cobbs,  Cheatham,  Douglass,  Fogg,  Huntsman,  Humphreys,  Kendall, 
Ledbetter,  John  A.  McKinney,  Robertson,  Smith,  Ury  and  Weak- 
ley  ;  18. 

The  negative  voters  are, 

Messrs.  Alien,  Alexander,  Bradshaw,  Cannon,  Cross,  Garrett,Gil- 
lespy,  Gray,  Hodges,  Hill,  Hess,Kelly, Kincannon,  Kincaid,  Kimbrough, 
Loving,  McClellan,  Robert  J.  McKinney,  Mabry,McGaughey,  Mont- 
gomery, Porter,  Purdy,  Roadman,  Richardson,  Ridley,  Stephenson, 
Senter,  Smartt,  Scott,  Whitson,  Walton,  White  and  Webster;  34. 

And  so  the  Convention  refused  to  make  said  proposed  amendment. 

Mr.  MABRY  moved  to  insert,  at  the  end  of  the  first  section,  the 
words,  "the  vote  for  or  against  the  amended  Constitution  shall  be  giv- 
en viva  voce." 

Which  proposed  amendment  was  rejected. 

Mr.  PORTER  moved  to  insert  in  the  third  section  of  said  report,  the 
words  "and  Members  of  Congress." 

Which  motion  prevailed  and  said  words  were  inserted. 

Mr.  CHILDRESS  moved  to  strike  from  the  third  section  all  after  the 
words  "shall  be  ordained  and  established  as  the  Constitution  of  the 
State  of  Tennessee." 

Which  motion  was  rejected. 

Mr.  BURTON  moved  to  strike  out  the  word  "usual",  at  everyplace 
where  it  precedes  the  words  "places  of  holding  elections." 

Which  motion  prevailed. 

Mr  CHILDRESS  moved  so  to  amend  the  report  as  to  provide  that  the 
county  courts  appoint  inspectors  according  to  law. 

Which  motion  was  rejected. 

Mr.  ROBERTSON  moved  to  strike  out  the  words  "and  Friday,"  so  as 
to  provide  that  the  elections  shall  be  held  on  one  day  only. 

Which  motion  was  rejected. 

Mr.  KINCAID  offered  the  following  as  an  amendment,  to  be  inserted 
at  the  end  of  the  third  section  thereof;  to  wit : 

"And  it  shall  be  the  duty  of  the  Secretary  of  State  to  record  the  re- 
turns made  from  each  county  or  district,  and  the  result  of  said  election, 
in  a  bound  book,  to  be  preserved  in  his  office." 

Which  amendment  was  accepted. 

On  motion  of  Mr.  BURTOX,  the  report,  as  amended  was  then  con- 
curred with. 


383 

On  motion  of  Mr.  HUNTSMAN, 

Ordered,  That  the  ordinance  adopted  on  the  recommendation  of  the 
committee  appointed  to  inquire  into  the  best  mode  of  submitting  the 
amended  Constitution  to  the  People,  for  their  ratification  or  rejection, 
be  appended  to  the  Constitution. 

Mr.  KINCAID  submitted  the  following  resolutions ;  to  wit : 

"Resolved  by  the  Convention  of  the  State  of  Tennessee,  That,  upon 
the  adjournment  of  the  Convention,  sine  die,  the  journal  of  its  pro- 
ceedings shall  be  deposited  in  the  office  of  the  Secretary  of  State,  and 
that  the  public  printer  be  permitted  to  take  copy  from  said  journal  for 
the  purpose  of  enabling  him  to  print  the  same. 

"Resolved,  That  it  shall  be  the  duty  of  the  Secretary  to  superintend 
die  printing  of  said  journals." 

And  on  motion  of  Mr.  KINCAID,  the  rule  requiring  resolutions  to 
lie  one  day  on  the  table  being  suspended, 

The  first  resolution  above  submitted  by  him,  was  adopted. 

On  motion  of  Mr.  CHEATHAM  it  was  ordered,  that  the  journal  of  the 
Committee  of  the  Whole,  be  deposited  in  the  office  of  the  Secretary 
of  State. 

Mr.  GORDON  submitted  the  following  resoluiton  ;  to  wit ; 

"Resolved,  and  it  is  hereby  ordained,  that  the  President  of  this  Con- 
vention draw  a  warrant  in  favor  of  Laughlin  and  Henderson,  printers 
to  this  Convention,  to  be  countersigned  by  the  Secretary,  and  deposit 
the  same  with  the  Secretary  of  State  :  and  that  when  the  public  print- 
ers shall  have  completed  the  printing  of  the  Journals  of  this  Conven- 
tion, the  Secretary  of  State  be,  and  he  is  hereby  authorized  to  audit 
their  accounts  for  the  printing  said  Journals  and  for  distfibuting  the 
same  according  to  law,  and  that  he  then  fill  up  the  said  warrant  with 
the  sum  thus  legally  due  to  the  said  printers  to  this  Convention,  after 
deducting  therefrom  the  sum  of  twenty-five  hundred  dollars,  which 
has  already  been  advanced  to  them  by  the  Treasurer  of  Middle  Ten- 
nessee ;  and  the  said  warrant,  when  so  filled  up,  shall  be  paid  by  the 
said  Treasurer  as  other  expenses  of  this  Convention,  from  funds  bor- 
rowed from  the  Union  Bank  of  the  State  of  Tennessee  for  that  pur- 
pose, and  the  same  when  paid,  and  the  receipts  of  the  said  Laughlin 
and  Henderson,  for  the  said  sum  already  advanced,  shall  be  good  vouch- 
ers in  his  hands  in  the  settlement  of  his  accounts  with  the  State." 

And  on  motion  of  Mr  GORDON,  the  rule  requiring  resolutions  to  be 
laid  on  the  table  for  one  day,  being  suspended,  said  resolution  was  a- 
dopted. 

Mr  JOHN  A.  McKixNEY  submitted  the  following: 

Resolved,  That  the  conclusion  of  the  Constitution  shall  be  in  the  fol- 
lowing words:  "By  order  of  the  Convention,"  and  that  it  shall  be  signed 
by  the  President  and  countersigned  by  the  Secretary:  and  that  the 
Secretary  shall  append  to  the  Constitution  the  names  of  the  Members, 
with  the  County  or  District  which  they  represent." 

On  motion  of  Mr  CANNON  the  report  on  Districts  was  taken  up. 

Mr  SCOTT  offered  the  following  as  an  amendment  to  said  report;  to 
wit: 


384 

"Resolved,  That  the  counties  of  Henderson,  Perry  and  Hickman  shall 
compose  one  Senatorial  District,  and  elect  one  Senator. 

"That  the  counties  of  McNairy,  Hardin,  Wayne  and  Lawrence 
diall  compose  one  Senatorial  District,  and  elect  one  Senator." 

Whereupon  the  question  was  had  and  determined  in  the  negative; 
ayes  16,  noes  28. 

The  ayes  and  noes  being  demanded  by  Mr  SCOTT, 

The  affirmative  voters  are, 

Messrs.  Alexander,  Bradshaw,  Cannon,  Cross,  Kelly,  Kendall,  Led- 
better,  McClellan,  Purdy,  Ridley,  Robertson,  Smartt,  Sharp,  Scott,  Ury 
and  Webster;  16. 

The  negative  voters  are, 

Messrs.  Allen,  Armstrong,  Burton,  Blount,  Cahal,  Cobbs,  Cheatham, 
Fulton,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hess,  Kincannon, 
Kincaid,  Loving,  Robert  J.  McKinney,  John  A.  McKinney,  Mc- 
Gaughey,  Montgomery,  Roadman,  Richardson,  Stephenson,  Senter, 
Smith,  White  and  Weakley;  28. 

And  so  said  proposed  amendment  was  rejected. 

Mr  GARRETT  offered  the  following  as  an  amendment  to  said  report; 
to  wit: 

"The  counties  of  Hawkins  and  Greene  shall  compose  one  Senatori- 
al District,  and  elect  one  Senator." 

Which  amendment  was  agreed  to. 

The  question  was  then  had  on  a  concurrence  with  said  report,  and 
determined  in  the  affirmative;  ayes  36,  noes  17. 

The  ayes  and  noes  being  demanded  by  Mr  CROSS, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Bradshaw, 
Burton,  Blount,  Cannon,  Childress,  Cheatham,  Douglass,  Fogs,  Gar- 
rett, Gillespy,  Gray,  Gordon,  Hill,  Huntsman,  Hess,  Kelly,  Kincan- 
non, Ledbetter,  Loving,  Mabry,  Moutgomery,  Roadman,  Richardson, 
Robertson,  Senter,  Smith,  Smartt,  Sharp,  Whitson,  Walton,  White  and 
Weakley;  36. 

The  negative  voters  are, 

Messrs.  Cahal,  Cobbs,  Cross,  Fulton,  Hodges,  Kincaid,  McClellan, 
Robert  J.  McKinney,  John  A.  McKinney,  McGaughey,  Porter,  Purdy, 
Ridley,  Stephenson,  Scott,  Ury  and  Webster;  17. 

And  so  said  report,  was  concurred  in. 

The  said  report  was  thereupon  re-committed  to  the  same  Committee, 
in  order  that  the  same  might  be  drawn  up  in  form  of  a  section  to  the 
Ordinance  to  be  appended  to  the  amended  Constitution  ;  and  that  the 
places  of  comparing  the  poll  books  in  the  several  distiicts  might  b« 
pointed  out ;  with  instructions  to  report  accordingly. 

Whereupon  the  Committee  retired,  and  after  some  time, 

Mr  GORDON,  from  said  Committee  on  Senatorial  and  Representative 
Districts,  mad'e  a  report ; 

And  the  same  having  been  read, 

Mr  HUNTSMAN  moved  to  fill  the  first  blank  in  sa'd  report  with  the 


385 

word  ''Monday",  as  the  time  for  comparing  the  polls  for  Senators  of 
the  several  Districts ; 

Which  was  agreed  to. 

Mr  GORDON  then  moved  to  fill  the  second  blank  in  said  report  with  the 
word  "Saturday-',  as  the  time  for  comparing  the  polls  for  Representa- 
tives in  the  several  Districts  : 

Which  was  also  agreed  to. 

Whereupon  the  said  report,  as  amended,  was  concurred  with. 

The  amendment  to  which  is  in  the.  following  words  ;  to  wit : 

Sec.  5.  Be  il farther  Ordered,  That  until  the  first  enumeration  and 
apportionment  of  representation  in  one  thousand  eight  hundred  and 
forty-one,  as  directed  by  the  amended  Constitution,  the  following  dis- 
tricts shall  be  formed,  each  of  which  shall  elect  one  Senator,  and  the 
polls  of  election  shall  be  compared  at  the  several  places  herein  mention- 
ed, on  the  first  Monday  succeeding  the  day  of  election  ;  to  wit : 

The  counties  of  Carter,  Sullivan  and  Washington,  shall  form  one  dis- 
trict ;  and  the  polls  shall  be  compared  in  the  town  of  Jonesborough  : 

The  counties  of  Greene  and  Hawkins,  shall  compose  one  district ; 
and  the  polls  shall  be  compared  In  the  town  of  Greenville. 

The  counties  of  Cocke.Sevier,  Jefferson  and  Blount,  shall  form  one 
district ;  and  the  polls  shall  he  compared  in  the  town  of  Sevierville. 

The  counties  of  Grainger,  Claiborne,  Campbell,  Anderson  and  Mor- 
gan, shall  compose  one  district;  and  the  polls  shall  be  compared  at  the 
house  of  Robert  Glenn  Esq.,  in  Campbell  county. 

The  counties  of  Knox  and  Roane,  shall  form  one  district ;  and  the 
polls  fhall  be  compared  at  Campbell's  Station. 

The  counties  of  Monroe  and  M'Minn  shall  compose  one  district ;  and 
the  polls  shall  be  compared  in  the  town  of  Athens. 

The  counties  of  Rhea,  Bledsoe,  Marion  and  Hamilton,  shall  compose 
one  District ;  and  the  polls  shall  be  compared  at  the  town  of  Dallas. 

The  counties  of  Warren  and  Franklin,  shall  compose  one  district  5 
arid  the  polls  shall  be  compared  at  Hillsborough. 

Tlie  counties  of  Overton,  Jackson,  Fentress  and  White,  shall  com- 
pose one  district;  and  the  polls  shall  be  compared  at  Livingston. 

The  counties  of  Lincoln  and  Giles,  shall  compose  one  district;  and 
the  polls  shall  be  compared  at  the  house  of  John  Kennedy. 

The  counties  of  Smith  and  Sumner  shall  compose  one  district;  and 
the  polls  shall  be  compared  at  Hartsville. 

The  county  of  Bedlbrd,  shall  compose  one  district;  and  the  polls  shall 
be  compared  at  Shelbyville. 

The  county  of  Maury,  shall  compose  one  district;  and  the  polls  shall 
be  compared  in  Columbia. 

The  county  of  Rutherford,  shall  compose  one  district;  and  the  polls 
shall  be  compared  at  Murfrcesborough. 

The  county  of  Davidson,  shall  compose  one  district;  and  the  polls 
shall  be  compared  in  the  cily  of  Nashville. 

The  county  of  Williamson,  shall  compose  one  district;  and  the  poll* 
ihall  be  compared  in  the  town  of  Franklin. 

Cc 


386 

The  counties  of  Lawrence,  Wayne  and  Hi ckman,  shall  compose  one 
district-,  and  the  polls  shall  be  compared  at  Catron  and  Napier's  Fur- 
nace. 

The  counties  of  Dickson,  Stewart  and  Humphreys  shall  compose  one 
district;  and  the  polls  shall  be  compared  at  Simmons'  Old  Place  on 
Yellow  creek. 

The  counties  of  Robertson  and  Montgomery  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  at  Port  Royal. 

The  county  of  Wilson,  shall  compose  one  one  district;  and  the  polif 
shall  be  compared  in  Lebanon. 

The  counties  of  Hardeman,  Fayette  and  Shelby,  shall  compose  one 
district;  and  the  polls  shall  be  compared  in  Sommerville. 

The  counties  of  Madison,  Hay  wood  and  Tiptun,  shall  compose  one 
district;  and  the  polls  shall  be  compared  in  Brownsville. 

The  counties  of  Carroll,  Gibson  and  Dyer,  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  in  Trenton. 

The  counties  of  Henry,  Weddcy  and  Obion  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  iii  Dresden. 

The  counties  of  Henderson,  Perry,  McNairy  and  Hardin,  shall  com- 
pose one  district;  and  the  polls  shall  be  compared  at  the  house  of  James 
Wright,  in  Hardin  county. 

And  until  said  enumeration  and  apportionment  of  one  thousand  eight* 
hundred  and  forty  one,  the  'counties  of  Carter,  Sullivan,  Washington, 
Greene,  Hawkins,  Cocke,  Sevier,  Jefferson,  Blount,  Grainger,  Clai- 
borne,  Knox,  Roane,  Monroe,  McMinn,  Rhea  and  Bledsoe,  shall  each 
elect  one  representative;  and  the  polls  shall  be  compared  at  their  res- 
pective court  houses. 

The  counties  of  Sullivan  and  Hawkins  shall  jointly  elect  one  repre- 
sentative; and  shall  compare  the  polls  at  Kingsport. 

The  counties  of  Greene  and  Washington,  shall  jointly  elect  one  rep- 
resentative; and  the  polls  shall  be  compared  at  the  house  of  Joshua 
Royston  Esq. 

The  counties  of  Knox  and  Roane,  shall  jointly  elect  one  representa- 
tive; and  the  polls  shall  be  compared  at  CampbelFs  Station. 

The  counties  of  Monroe  and  McMinn,  shall  jointly  elect  one  repro- 
ientative;  and  the  polls  shall  be  compared  at  Athens. 

The  counties  of  Campbell,  Anderson  and  Morgan,  shall  jointly  elact 
two  representatives;  and  the  the  polls  shall  be  compared  at  the  house 
of  James  Ross  Esq.  in  Anderson  county. 

The  counties  of  Marion  and  Hamilton,  shall  jointly  elect  one  repre- 
sentative; and  the  polls  shall  be  compared  at  Dallas. 

The  counties  of  Warren,  Franklin,  Bedford,  Lincoln,  Giles,  Maury, 
Rutherford,  Williamson,  Davidson,  Wilson,  Smith  and  Sumner,  shall 
each  elect  two  representatives;  and  the  polls  shall  be  compared  at  their 
respective  court  houses. 

The  counties  of  Lawrence,  Wayne,  Hickman,  Dickson  Humphreys, 
Montgomery,  Stewart,  Robertson,  Overtoil,  Jackson,  Fentress,  White, 
Haidin,  McNairy,  Hardeman,  Fayette, Shelby,  Perry,  Henderson,  Mad- 


387 

ison,  Haywood,  Tipton,  Carroll,  Gibson,  Henry  and  Wcaklcy,  shall 
each  elect  one  representative;  and  the  polls  shall  be  compared  at  their 
respective  court  homos. 

The  counties  of  O'oion  and  Dyer,  shall  jointly  elect  one  representa- 
tive; and  the  po'ls  shall  be  compared  at  the  house  of  William  Terrell 
Esq.  in  Dyer  county. 

The  returns  of  the  elections  for  Representatives,  shall  be  made  at 
the  several  places  herein  pointed  out,  on  the  first  Saturday  succeeding 
the  day  of  election. 

SATURDAY,  August  30,  1834. 

The  Convention  met  according  to  adjournment  and  was  opened  bjr 
prayer,  by  the  Rev.  Mr  SENTER,  of  the  Methodist  Episcopal  Church. 

Mr  BURTON,  from  the  Committee  appointment  to  superintend  the  en- 
grossing and  enrolling  of  the  Constitution  submitted  the  following 

REPORT. 

The  Committee  to  whom  was  assigned  the  duty  of  superintending 
the  enrolment  of  the  Amended  Constitution  have  performed  that  duty, 
by  having  the  same  enrolled  on  parchment. 

The  Committee  have  with  great  care  compared  the  enrolled  with 
the  engrossed  copy  and  find  it  to  be  correct. 

They  tender  it  to  the  Convention  and  ask  the  attestation  of  the 
Members  of  this  Convention  and  the  Secretary  thereof. 

All  of  which  is  respectfully  submitted: 

ROBERT  M.  BURTON, 

Chairman. 

Which  was  read  and  laid  on  the  table. 

Mr  WEAKLEY  moved  that  the  resolution  submitted  on  yesterday  by  Mr 
John  A.  McKinney  be  taken  up;  which  being  agreed  to,  said  resolution 
was  read : 

Mr  WEAKLEY  moved  that  said  resolution  be  adopted. 

Whereupon  MrBLouNT  submitted  the  following,  in  lieu  of  said  resola 
tion;  to  wit: 

Resolved,  That  the  following  be  the  conclusion  of  the  Amended  Con- 
ititution;  to  wit: 

"Done  in  Convention,  by  unanimous  consent  of  the  Delegates  present, 
the  thirtieth  day  of  August,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  thirty-four,  and  of  the  Independence  of  the  United  States 
of  America  the  fifty-ninth.  In  witness  whereof,  we  have  hereunto  iub- 
icribed  our  names." 

Mr  CAIIAL offered  the  following  resolutions: 

Resoked,  That  the  President  tender  the  thanks  of  the  Convention  to 
Sam  G.  Smith,  Esquire,  Secretary  of  State,  for  his  kindness  and  at- 
tention in  furnishing  the  in  formation  requested  bvthe  numerous  calli  of 
the  House,  and  in  particular  for  the  statistical  tables  presented  by  him; 


388 

which  are  compiled  with  labor,  ability  and  correctness,  and  have  been 
of  groat  utility  and  importance  to  the  members  of  this  Convention. 

Rc.sohcd,  That  five  hundred  copies  of  said  table*  be  published  in  the 
journals. 

Mr  HUNTSMAN  then  moved  a  suspeution  of  the  rule,  requiring  resolu- 
tions to  be  laid  for  one  day  on  the  table,  for  the  remainder  of  the  session: 

Which  motion  prevailed. 

The  first  of  the  two  resolutions  offered  by  Mr  Cabal  was  then  read  and 
una  imously  adopted : 

And  MrCAiiAL  withdrew  his  second  resolution. 

.  Mr  HUNTSMAN  submitted  the  following  resolutions;  which  were  seve- 
rally read  and  adopted: 

Resolved,  That  the  Secretary  of  State,  in  distributing  the  copies  of 
the  old  and  new  Constitution. in  pursuance  ot*  a  resolution  of  this  Con- 
vention, be  authorized  to  employ  three  persons  for  that  puipos'e,  if  he 
shall  think  proper.  > 

Whereas,  under  previous  resolutions  of  this  Convention,  the  Treasur- 
er of  West  Tennessee  was  authorized  to  make  arrangements  with  any 
of  the  banks  of  this  city,  for  the  purpose  of  raising  money  for  defraying 
the  expenses  of  this  Convention;  therefore 

Resolved,  That  upon  the  Treasurer's  certifying  to  the  President 
of  this  Convention  the  amount  due  to  any  of  the  Banks  of  this  city, 
for  the  purpose  aforesaid,  it  shall  be  the  duty  of  the  President  of 
this  Convention  to  issue  a  certificate  obligatory  upon  the  State  of  Ten- 
nessee, in  favor  of  such  Bank,  for  the  payment  of  such  sums  of  mo- 
ney, so  advanced,  with  the  interest  at  the  rate  of  six  per  centum  per 
annum,  payable  semi-annually  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated ;  which  certificate  shall  be  countersigned  by 
the  Secretary  of  this  Convention. 

Mr  CHILDRESS  submitted  the  following  resolution  : 

Resolved,  That  the  Secretary  of  the  Convention  be  directed  to  re- 
'main  and  complete  the  Journals  by  copying  the  Repoits  of  the  differ- 
ent Committees,  and  the  Constitution  and  other  documents,  and  that 
the  Journals  be  bound  and  deposited  in  the  office  of  the  Secretary  of 
State  as  heretofore  ordered  :  and  that  he  also  be  directed  to  superin- 
tend the  printing  of  the  Journal  of  the  Convention,  and  that  he  be 
allowed  one  hundred  and  twenty  dollars  therefor: 

Which  was  adopted. 

The  Amended  Constitution  as  enrolled  was  then  read. 

Whereupon  Mr  JOHN  A.  McKiNNEY  submitted  the  following  resolu- 
tion, in  lieu  of  one  heretofore  submitted  by  him  : 

"Resolved,  That  the  conclusion  of  the  Constitution  shall  be  in  the 
form  following  :  "By  order  of  the  Convention"  and  shall  be  authenti- 
cated by  the  signatures  of  the  President  and  Secretary,  and  that 
the  Members  may  annex  their  names  thereto. 

Mr  ALLEN  then  moved  that  the  Members  now  be  called  in  alpha- 
betical order,  and  that  such  Members  as  wish  to  do  so,  come  forward 
and  sign  the  Constitution. 


389 

Mr  BLOUNT  then  submitted  the  following,  in  lieu  of  a  resolution 
heretofore  submitted  by  him  and  of  all  other  propositions  on  the  sub- 
ject : 

Resolved,  That  the  conclusion  of  the  Constitution  be  in  the  fol- 
lowing form  : 

uDone  in  Convention,  at  Nashville,  this  thirtieth  day  of  August, 
in  the  year  of  our  Lord  one  thotii-and  eight  hundred  and  thirty-four, 
and  of  the  Independence  of  the  United  States  the  fifty-ninth. 

"In  testimony  whereof,  we  have  hereunto  subscribed  our  names." 

Whereupon  the  question  was  had  and  determined  in  the  affirma- 
tive ;  ayes  49,  noes,  4. 
The  ayes  and  noes  being  demanded  by  Mr  JOHN  A.  McKiNNEY, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  Blotint,  Cannon,  Childress,  Cobbs,  Cheatham,  Cross, 
Douglass,  Garrett.  Gillespy,  Gordon,  Hodges,  Hill,  Huntsman,  Hum- 
phreys, Hess,  Kelly,  Kincannon,  Kincaid,  Kendall,  Ledbetter,  Loving, 
McClellan,  Mabry,  McGaughey,  Montgomery,  Neil,  Porter,  Purdy, 
Roadman,  Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith, 
Srnartt,  Sharp,  Scott,  Ury,  Whitson,  Walton,*White  and  Webster  ;  49. 

The  negative  voters  are, 

Messrs.  Fulton,  Fogg,  John  A.  McKinney  andWeakley;  4. 

And  so  said  proposition  was  adopted,  and  the  same  was  ordered  to 
be  appended  as  the  conclusion  of  the  Constitution. 

Mr  BURTON  then  moved  the  adoption  of  the  Constitution. 

And  thereupon  the  question  was  had  and  determined  in  the  affirm- 
ativ  • ;  ayes  55,  noes  3. 

The  ayes  and  noes  being  demanded  by  Mr  CANNON, 

The  affirmative  voters  are, 

Messrs.  President  (Carter),  Allen,  Armstrong,  Alexander,  Brad- 
shaw,  Burton,  Blount,  Cannon,  Childress,  Cabal,  Cheatham,  Cross, 
Douglass,  Fogg,  Garrett,  Gillespy,  Gray,  Gordon,  Hodges,  Hill,  Hunts- 
man, Humphreys,  Hass,  Kelly,  Kincannon,  Kincaid,  Kendall,  Kim- 
brough,  Ledbetter,  Loving,  McClellan,  Robert  J.  McKinney,  Mabry, 
McFaughey,  Montgomery,  Marr,  Neil,  Nelson,  Porter,  Purdy,  Road- 
man, Richardson,  Ridley,  Robertson,  Stephenson,  Senter,  Smith, 
Smartt,  Sharp,  Scott,  Ury,  Whitson,  Walton,  White  and  Webster ;  55. 

The  negative  voters  are, 

Messrs.  Cobbs.  Fulton  and  Weakley ;  3. 

And  so  said  Constitution  was  adopted  : 

Whereupon  Mr  BURTON  moved  that  the  Members  now  proceed  to 
sign  the  Constitution  in  alphabetical  order,  headed  by  the  President, 
and  that  it  be  attested  by  the  Secretary. 

WThich  motion  prevailing, 

The  -CONSTITUTION  was  accordingly  SIGNED  :  and  is  in  the  fol- 
lowingwords ;  to  wit : 

WHEREAS,  THE  PEOPLE  OF  THE  TERRITORY  or  THE  UNITED 


390 

STATES,  SOUTH  OF  THE  RIVER  OHIO,  having  the  right  of  admission 
into  the  General  Government  as  a  Member  State  thereof,  consistent 
with  the  Constitution  of  the  United  States,  and  the  act  of  cession  of 
the  State  of  North  Carolina,  recognizing  the  ordinance  for  the 
government  of  the  territory  of  the  United  States,  north  west  of  the 
river  Ohio,  by  their  'Delegates  and  Representatives  in  Convention 
assembled,  did,  on  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety-six,  ORDAIN  AND  ESTABLISH 
A  CONSTITUTION  OR  FORM  OF  GOVERNMENT  ;  and  mutually  agreed 
with  each  other  to  form  themselves  into  a  FREE  AND  INDEPENDENT 
STATE,  by  the  name  of  '>THE  STATE  OF  TENNESSEE;" 
and  whereas  the  General  Assembly  of  said  STATE  OF  TENNES- 
SEE, (pursuant  to  the  third  section  of  the  tenth  article  of  the 
Constitution)  by  an  act  passed  on  the  twenty-seventh  day  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-three,  entitled  "An  act  to  provide  for  the  calling  of  a  Con- 
vention," did  authorize  and  provide  for  the  election,  BY  THE  PEO- 
PLE, of  Delegates  and  Representatives,  to  meet  at  Nashvil'e,  in  Da- 
vidson county,  on  the  third  Monday  in  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-four,  "FOR  THE  PUR- 
POSE OF  REVISING, AND  AMENDING  ( Of  changing)  THE  CONSTITU- 
TION:" 

WE,  therefore,  THE  DELEGATES  AND  REPRESENTATIVES  OF  THE  PEO- 
PLE OF  THE  STATE  OF  TENNESSEE,  elected  and  in  Convention  as- 
sembled, in  pursuance  of  the  said  Act  of  Assembly,  HAVE  ORDAIN* 

ED    AND     ESTABLISHED  the   following  AMENDED  CONSTITUTION  AND 

FORM  OF  GOVERNMENT  FOR  THIS  STATE,  ivhich  ive  recommend  to 
THE  PEOPLE  OF  TENNESSEE  for  their  ratification  ;  that  is  to  say: 

ARTICLE  I. 
DECLARATION  OF  RIGHTS. 

SEC  rioN  1 .  That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety  and  happiness  ;  for  the  advancement  of  those  ends,  they 
have,  at  all  times,  an  unalienable  and  indefeasible  right  to  alter,  reform 
or  abolish  the  government  in  such  manner  as  they  may  think  proper. 

SEC.  2.  That  government  being  instituted  for  the  common  bene- 
fit, the  doctrine  of  non-resistance  against  arbitrary  power  and  oppres- 
iion.  is  absurd,  slavish  and  destructive  to  the  good  and  happiness  of 
mankind. 

SEC.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ihip  Almighty  God  according  to  the  dictates  of  their  own  conscience; 
that  no  man  can,  of  right,  be  compelled  to  attend,  erect  or  support  any 
place  of  worship,  or  to  maintain  any  Minister  against  his  consent;  that 
no  human  authority  can,  in  any  case  whatever,  control  or  interfere  with 
the  rights  of  conscience;  and  that  no  preference  shall  ever  be  given, 
by  law,  to  any  religious  establishment  or  mode  of  worship. 


391 

SEC.  4.  That  no  religious  test  shall  ever  be  required  as  a  qualifier 
tion  to  any  office  or  public  trust  under  this  State. 

SEC.  5.     That  elections  shall  be  free  and  equal. 

SEC.  6.     That  the  right  of  trial  by  jury  shall  remain  inviolate. 

SEC.  7.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions,  from  unreasonable  searches  and  seizures ;  and  that 
general  warrants,  whereby  an  officer  may  be  commanded  to  search 
suspected  places,  without  evidence  of  the  fact  committed,  or  to  seize 
any  person  or  persons  not  named,  whose  offences  are  not  particularly 
described  and  supported  by  evidence,  are  dangerous  to  liberty  and  ought 
not  to  be  granted. 

SEC.  8.  That  no  free  man  shall  be  taken  or  imprisoned,  or  disseiz- 
ed of  his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled,  or  in 
any  manner  destroyed  or  deprived  of  his  life,  liberty  or  property, 
but  by  the  judgment  of  his  peers,  or  the  law  of  the  land. 

SEC.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  aright 
to  be  heard  by  himself  and  his  counsel;  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to  meet 
the  witnesses  face  to  face;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor;  and  in  prosecutions  by  indictment  or  present- 
ment, a  speedy  public  trial,  by  an  impartial  jury  of  the  county  or  dis- 
trict in  which  the  crime  shall  have  been  committed;  and  shall  not  be 
compelled  to  give  evidence  against  himself. 

SEC.  10.  That  no  person  shall,  for  the  same  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

SEC.  1 1.  That  laws  made  for  the  punishment  of  facts  committed  pre- 
yious  to  the  existence  of  snrh  laws,  and  by  them  only  declared  crim- 
inal, are  contrary  to  the  principles  of  a  free  government;  wherefore 
no  ex  post  facto  law  shall  be  made. 

SEC.  1*2.  That  no  conviction  shall  work  corruption  of  blood  or 
forfeiture  of  estate.  The  estate  of  such  persons  as  shall  destroy  their 
own  lives,  shall  descend  or  vest  as  in  case  of  natural  death.  If  any 
person  be  killed  by  casualty,  there  shall  be  no  forfeiture  in  conse- 
quence thereof. 

SEC.  13.  That  no  person  arrested  or  confined  in  jail,  shall  be  treated 
with  unnecessary  rigor. 

SEC  It.  That  no  free  man  shall  be  put  to  answer  any  criminal 
charge  but  by  presentment,  indictment  or  impeachment. 

SEC.  15.  That  all  prisoners  shall  be  bailable  by  sufficient  sure- 
ties unless  for  capital  offences  when  the  proof  is  evident  or  the  pre- 
sumption great.  And  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  he  suspended,  unless  when  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

SEC.  16.  That  excessive  bail  shall  not  be  required,  nor  excessivt 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

SEC.  17.  That  all  courts  shall  be  open;  and  every  man,  for  an  in- 
jury done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  re- 
medy by  due  course  of  law,  and  right  and  justice  administered  without 


392 

sale,  denial,  or  delay.     Suits  may  be  brought  against  the  State  in  such 
manner,  and  in  such  courts,  as  the  Legislature  may  by  law  direct. 

SEC.  18.  That  the  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering  up 
his  estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  manner  as 
shall  be  prescribed  by  law. 

SEC.  19.  That  the  printing  presses  shall  be  free  to  every  person 
who  undertakes  to  examine  the  proceedings  of  the  Legislature,  or 
of  any  branch  or  Officer  of  Government;  and  no  law  shall  ever  be 
made  to  restrain  the  right  thereof.  The  free  communication  of  thoughts 
and  opinions  is  one  of  the  invaluable  rights  of  man,  and  every  citizen 
may  freely  speak,  write  and  print  on  any  subject,  being  responsible  for 
the  abuse  of  that  liberty.  But  in  prosecutions  for  the  publication  of 
papers  investigating  the  official  conduct  of  officers  or  men  in  public 
capacity,  the  truth  thereof  may  be  given  in  evidence;  and  in  all  in- 
dictments for  libels,  the  jury  shall  have  a  right  to  determine  the  law  and 
the  facts,  under  the  direction  of  the  Court,  as  in  other  criminal  cases. 

SEC.  20.  That  no  retrospective  law,  or  law  impairing  the  obligation 
of  contracts,  shall  be  made. 

SEC.  21.  That  no  man's  particular  services  shall  be  demanded,  or 
property  taken,  or  applied  to  public  use,  without  the  consent  of  his 
representatives,  or  without  just  compensation  being  made  therefor. 

SEC.  22.  That  perpetuities  and  monopolies  are  contrary  to  the  ge- 
nius of  a  free  State,  and  shall  not  be  allowed. 

SEC.  23.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together,  for  their  common  good,  to  instruct  their  repre- 
sentatives, and  to  apply  to  those  invested  with  the.  powers  of  govern- 
ment for  redress  of  grievances  or  other  proper  purposes,  by  address 
or  remonstrance. 

SEC.  21.  That  the  sure  and  certain  defence  of  a  free  people,  is  a 
well  regulated  militia:  and,  as  standing  armies  in  time  of  peace  are 
dangerous  to  freedom,  they  ought  to  be  avoided,  as  fur  as  the  circum- 
stances and  safety  of  the  community  will  admit;  and  that  in  all  cases 
the  military  shall  be  kept  in  strict  subordination  to  the  civil  authority. 

SEC.  25.  That  no  citizen  of  this  State,  except  such  as  are  employ- 
ed in  the  army  of  the  United  States,  or  militia  in  actual  service,  shall 
be  subjected  to  corporeal  punishment  under  the  martial  law. 

SEC.  20.  That  the  free  white  men  of  this  State  have  a  right  to  keep 
and  to  bear  arms  for  their  common  defence. 

SEC.  27.  That  no  soldier  shall,  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the  owner;  nor  in  time  of  war, 
but  in  a  manner  prescribed  by  law. 

SEC.  28.  That  no  citizen  of  this  State  shall  be  compelled  to 
bear  irms,  provided  he  will  pay  an  equivalent,  to  be  ascertained  by- 
law. 

SEC.  29.  That  an  equal  participation  of  the  free  navigation  of  the 
Mississippi,  is  one  of  the  inherent  rights  of  the  citizens  of  this  State:  it 
cannot,  therefore,  be  conceded  to  any  prince,  potentate,  power,  person 
or  persons  whatever. 


393 

SEC.  30.     That  no   hereditary   emoluments,  privileges,  or  honors, 
ihall  ever  be  granted  or  conferred  in  this  State. 

SEC.  31.  That  the  limits  and  boundaries  of  this  State  be  ascer- 
tained, it  is  declared  they  are  as  hereafter  mentioned,  that  is  to  say: 
Beginning  on  the  extreme  height  of  the  Stone  mountain,  at  the  place 
•c  the  line  of  Virginia  intersects  it,  in  latitude  thirty-six  degrees 
and  thirty  minutes  north;  running  thenco  along  the  extreme  height  of 
the  said  mountain  to  the  place  where  \Vatauga  river  breaks  through 
it;  thence  a  direct  course  to  the  top  of  the  Yellow  mountain,  where 
Bright's  road  crosses  the  same;  thence  along  the  ridge  of  said  moun- 
tain between  the  waters  of  Doe  river  and  the  waters  of  Rock  creek,  to 
the  place  where  the  road  crosses  the  Iron  mountain  ;  from  thence  a- 
long  the  extreme  height  of  said  mountain,  to  the  place  where  Noli- 
chucky  river  runs  through  the  same;  thence  to  the  top  of  the  Bald  moun- 
tain ;  thence  along  the  extreme  height  of  said  mountain,  to  the  Painted 
Rock,  on  French  Broad  river;  thence  along  the  highest  ridge  of  said 
mountain,  to  the  place  where  it  is  called  the  Great  Iron  or  Smoky 
mountain;  thence  along  the  extreme  height  of  said  mountain,  to  the 
place  where  it  is  called  Unicoi  or  Unaka  mountain,  between  the  Indian 
towns  of  Cowee  and  Old  Chota;  thence  along  the  main  ridge  of  the 
said  mountain,  to  the  southern  boundary  of  this  State,  as  described 
in  the  act  of  cession  of  North  Carolina  to  the  United  States  of  Ame- 
rica: and  that  all  the  territory,  lands  and  waters  lying  west  of  the 
said  line,  as  before  mentioned,  and  contained  within  the  chartered 
limits  of  the  State  of  North  Carolina,  are  within  the  boundaries  and 
limits  of  this  State,  over  which  the  people  have  the  right  of  exercising 
sovereignty  and  the  right  of  soil,  so  far  as  is  consistent  with  the  consti- 
tution of  the  United  States,  recognizing  the  articles  of  confederation, 
the  bill  of  rights,  and  constitution  of  North  Carolina,  the  ces&ion 
act  of  the  said  State,  and  the  ordinance  of  Congress  for  the  gov- 
ernment of  the  territory  north  west  of  the  Ohio:  provided,  nothing 
herein  contained  shall  extend  to  affect  the  claim  or  claims  of  individu- 
als, to  any  part  of  the  soil  which  is  recognized  to  them  by  the  aforesaid 
cession  act :  and  provided  also,  that  the  limits  and  jurisdiction  of  this 
State  shall  extend  to  any  other  land  and  territory  now  acquired,  or 
that  may  hereafter  be  acquired  by  compact  or  agreement  with  other 
States  or  otherwise,  although  such  land  and  territory  are  not  included 
within  the  boundaries  herein  before  designated. 

SEC.  32.  The  people  residing  south  of  French  Broad  and  Holston 
between  the  rivers  Tennessee  and  Big  Pigeon,  are  entitled  to  the  right 
of  pre-emption  and  occupancy  in  that  tract. 

ARTICLE  II. 

SECTION  1.  The  powers  of  the  Government  shall  be  divided  into 
three  distinct  departments  ;  the  Legislative,  Executive  and  Judicial. 

SEC.  2.  JNo  person  or  persons  belonging  to  one  of  these  depart- 
ments, shall  exercise  any  of  the  powers  properly  belonging  to  cither 
of  the  others,  except  in  the  cases  herein  directed  or  permitted. 


394 

SEC.  3.  The  Legislative  authority  of  this  State  shall  be  vested  in 
a  General  Assembly,  which  shall  consist  of  a  Senate  and  House  of 
Representatives,  both  dependent  on  the  people. 

SEC.  4.  An  enumeration  of  the  qualified  voters  and  an  apportion- 
ment of  the  Representatives  in  the  General  Assembly,  shall  be  made 
in  the  year  one  thousand  eight  hundred  and  lorty-one,  and  within  eve- 
ry subsequent  term  of  ten  years. 

SEC.  5.  The  number  of  Representatives  shall,  at  the  several  peri- 
ods of  making  the  enumeration,  be  apportioned  among  the  several 
counties  or  districts  according  to  the  number  of  qualified  voters  in 
each  ;  and  shall  not  exceed  seventy-five,  until  the  population  of  the 
State  shall  be  one  million  and  a  half;  and  shall  never  thereafter  ex- 
ceed ninety-nine  ;  provided,  that  any  county  having  two-thirds  of  the 
ratio,  shall  be  entitled  to  one  member. 

SEC.  6.  The  number  of  Senators  shall,  at  the  several  periods  of 
making  the  enumeration,  be  apportioned  among  the  several  counties 
or  districts,  according  to  the  number  of  qualified  electors  in  each,  and 
shall  not  exceed  one-third  the  number  of  Representatives.  In  appor- 
tioning the  Senators  among  the  different  counties,  the  fraction  that  may 
be  lost  by  any  county  or  counties,  in  the  apportionment  of  Members 
to  the  House  of  Representatives,  shall  be  made  up  to  such  coonty  or 
counties  in  the  Senate  as  near  as  may  be  practicable.  When  a  district 
is  composed  of  two  or  more  counties,  they  shall  be  adjoining;  and  no 
county  shall  be  divided  in  forming  a  district. 

SEC.  7.  The  first  election  for  Senators  and  Representatives  shall 
be  held  on  the  first  Thursday  in  August,  one  thousand  eight  hundred 
and  thirty-five  ;  and  forever  thereafter,  elections  for  Members  of  the 
General  Assembly  shall  be  held  once  in  two  years,  on  the  first  Thurs- 
day in  August  ;  said  elections  shall  terminate  the  same  day. 

SEC.  8.  The  first  session  of  the  General  Assembly  shall  commence 
on  the  first  Monday  in  October,  one  thousand  eight  hundred  and  thirty- 
five  ;  and  forever  thereafter,  the  General  Assembly  shall  meet  on  the 
first  Monday  in  October  next  ensuing  the  election. 

SEC.  9.  No  person  shall  be  a  Representative,  unless  he  shall  be  a 
citizen  of  the  United  States  of  the  age  of  twenty-one  years,  and  shall 
have  been  a  citizen  of  this  State  for  three  years,  and  a  resident  in  the 
county  he  represents  one  year  immediately  preceding  the  election. 

SEC.  10  No  person  shall  be  a  Senator  unLss  he  shall  be  a  citizen 
of  the  United  States,  of  the  age  of  thirty  years,  and  shall  have  resid- 
ed thee  years  in  this  State,  and  one  ye  ir  in  the  county  or  district,  im- 
mediately preceding  the  election.  No  Senator  or  Representative 
shall,  during  the  time  for  which  he  was  elected,  be  eligible  to  any  of- 
fice or  place  of  trust,  the  appointment  to  which  is  vested  in  the  Ex- 
ecutive or  the  General  Assembly,  except  to  the  office  of  Trustee 
of  a  literary  institution. 

SEC.  11.  The  Senate  and  House  of  Representatives,  when  assem- 
bled, shall  each  choose  a  Speaker  and  its  other  officers,  be  judges  of  the 
qualifications  and  election  of  its  members,  and  sit  upon  its  own  adjourn,- 


395 

ments  from  day  to  day.  Two-thirds  of  each  House  shall  constitute  a 
quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  bo  authorized  by  law  to  compel  the  attendance  of  ab- 
sent iii  embers. 

SEC.  12.  Each  House  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behaviour,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
game  offence  ;  and  shall  have  all  other  powers  necessary  for  a  branch 
of  the  Legislature  of  a  free  State. 

SEC.  13.  Senators  and  Representatives  shall  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  dur- 
ing the  session  of  the  General  Assembly,  and  in  going  to  and  return- 
ing from  the  same  ;  and,  for  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 

SEC.  14.  Each  House  may  punish  by  imprisonment,  during  its 
session,  any  person  not  a  Member,  who  shall  be  guilty  of  disrespect 
to  the  House,  by  any  disorderly  or  contemptuous  behaviour  in  its 
presence. 

SEC.  15.  When  vacancies  happen  in  either  House,  the  Governor 
for  the  time  being,  shall  issue  writs  of  election  to  fill  such  vacancies. 

SEC.  16.  JSeither  I  ouse  shall,  ('uring  its  session,  adjourn  with- 
out consent  of  the  other  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houses  shall  be  sitting. 

SEC.  17.  Bills  may  originate  in  either  house,  but  may  be  amended, 
altered  or  rejected,  by  the  other. 

SEC.  18.  Every  bill  shall  be  read  once  on  three  different  days, 
and  be  passed  each  time  in  the  House  where  it  originated,  before  trans- 
mission to  the  other.  No  bill  shall  become  a  law,  until  it  shall  be 
read  and  passed  on  three  different  days  in  each  House,  and  be  signed 
by  the  respective  Speakers. 

SEC.  19.  After  a  bill  has  been  rejected,  no  bill  containing  the  same 
gubstanco  shall  be  passed  into  a  law  during  the  same  session. 

SEC.  20.  The  style  of  the  laws  of  this  State  shall  be,  "Be  it  enact- 
ed %  the  General  Assembly  of  the  State  of  Tennessee." 

SEC.  21.  Each  House  shall  keep  a  journal  of  its  proceedings,  and 
publish  it,  except  such  p£rrts  as  the  welfare  of  the  Stat^  may  require 
to  be  kept  secret ;  the  ayes  an;l  noes  shall  be  taken  in  each  House  up- 
on tin;  final  passage  of  every  bill  of  a  general  character,  and  bills  mak- 
ing appropriations  of  public  moneys  ;  and  the  ayes  and  noes  of  the 
members  on  any  question  shall,  at  the  request  of  any  two  of  them,  be 
entered  on  the  journal. 

SEC.  22.  The  doors  of  each  House  and  of  Committees  of  the 
Whole,  shall  be  kept  open,  unless  when  the  business  shall  be  such  as 
ought  to  be  kept  secret. 

SEC.  23.  The  sum  ot  four  dollars  per  day,  and  four  dollars  for  eve- 
ry twenty-five  miles  travelling  to  and  from  the  Seat  of  Government, 
shall  be  allowed  to  the  Members  of  the  first  General  Assembly,  as  a 
compensation  for  their  services.  The  compensation  of  the  Members 


398  , 

of  the  succeeding  Legislatures,  shall  be  ascertained  by  law ;  but  no 
law  increasing  the  compensation  of  the  Members  shall  take  effect  un- 
til th  commencement  of  the  next  regular  session  after  such  law  shall 
have  been  enacted. 

SEC.  24.  No  money  shall  be  drawn  from  the  treasury,  but  in  con- 
sequence of  appropriations  mnde  by  law :  and  an  accurate  statement 
of  the  receipts  and  expenditures  of  the  public  money,  shall  be  attach- 
ed to  and  published  with  the  laws  at  the  rise  of  each  stated  session  of 
the  General  Assembly. 

SEC.  25.  No  person,  who  heretofore  hath  been,  or  may  hereafter 
be,  a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either 
House  of  the  General  Assembly,  until  such  person  shall  have  account- 
ed for  and  paid  into  the  treasury,  all  sums  for  which  he  may  be  account- 
able or  liable. 

SEC.  26.  No  Judge  of  any  court  of  law  or  equity,  Secretary  of 
State,  Attorney  General,  Register,  Clerk  of  any  court  of  record,  01 
person  holding  any  office  under  the  authority  of  the  United  States, 
shall  have  a  seat  in-  the  General  Assembly  ;  nor  shall  any  person  in  this 
this  State  hold  more  than  one  lucrative  office  at  the  same  time : 
Provided,  that  no  appointment  in  the  militia,  or  to  the  office  of  Justice 
of  the  Peace,  shall  be  considered  a  lucrative  office,  or  operate  as  a  dis- 
qualification to  a  seat  in  either  House  of  the  General  Assembly. 

SEC.  27.  Any  member  of  either  House  of  the  General  Assembly 
shall  have  liberty  to  dissent  from,  and  protest  against,  any  act  or  re- 
solve which  he  may  think  injurious  to  the  public  or  to  any  individual, 
and  to  have  the  reasons  for  his  dissent  entered  on  the  journals. 

SEC.  23.  All  lands  liable  to  taxation,  held  by  deed,  grant, or  entry, 
town  lots,  bank  stock,  slaves  between  the  ages  of  twelve  and  fifty 
years,  and  such  other  property  as  the  Legislature  may  from  time  to  time 
deem  expedient,  shall  be  taxable.  All  property  shall  be  taxed  accord- 
ing to  its  value  ;  that  value  to  be  ascertained  in  such  manner  as  the  Le- 
gislature shall  direct,  so  that  the  same  shall  be  equal  and  uniform 
throughout  the  State.  No  one  species  of  property  from  which  a  tax 
may  bs  collected,  shall  be  taxed  higher  than  any  other  species  of  pro- 
perty of  equal  value.  But  the  Legislature  shall  have  power  to  tax 
merchants,  pedlars,  and  privileges,  in  such  manner  as  they  may,  from 
time  to  time,  direct.  A  tax  on  white  polls  shall  be  laid,  in  such  man- 
ner and  of  such  an  amount,  as  may  be  prescribed  by  law. 

SEC.  29.  The  General  Assembly  shall  have  power  to  authorize  the 
several  Counties  and  Incorporated  Towns  in  this  State,  to  impose  tax- 
es for  county  and  corporation  purposes  respectively,  in  such  manner  as 
shall  be  prescribed  by  law ;  and  all  property  shall  be  taxed  according 
to  its  value,  upon  the  principles  established  in  regard  to  State  taxation. 

SEC.  30.  No  article  manufactured  of  the  produce  of  this  State, 
shall  be  taxed  otherwise  than  to  pay  inspection  fees. 

SE  :.  31.  The  General  Assembly  shall  have  no  power  to  pass  laws 
for  tlv/i  emancipation  of  slaves,  without  the  consent  of  their  owner  OF 
owners. 


397 


ARTICLE  IN. 

SECTION  1.  The  Supreme  Executive  power  of  this  State,  shall  be 
vested  in  a  Governor. 

SEC.  2.  The  Governor  shall  be  chosen  by  the  electors  of  the 
Members  of  (he  General  Assembly,  at  the  times  and  places  where  they 
shall  respectively  vote  for  the  members  thereof.  The  returns  of  ev- 
ery election  for  Governor  shall  be  sealed  up,  and  transmitted  to  the  seat 
of  government,  by  the  returning  officers,  directed  to  the  Speaker  of 
the  Senate,  who  shall  open  and  publish  them  in  the  presence  of  a  ma- 
jority of  the  members  of  each  House  of  the  General  Assembly.  The 
person  having  the  highest  number  of  votes,  i  hall  be  Governor;  but  if 
two  or  more  shall  be  equal,  and  highest  in  votes,  one  of  them  shall  be 
chosen  Governor  by  joint  vote  of  both  Houses  of  the  General  Assem- 
bly. Contested  elections  for  Governor,  shall  be  determined  by  both 
Houses  of  the  General  Assembly,  in  such  manner  as  shall  be  prescrib- 
ed by  law. 

r  SEC.  3.  He  shall  be  at  least  thirty  years  of  ago,  shall  be  a  ci- 
tizen of  the  United  States,  and  shall  have  been  a  citizen  of  this  State 
seven  years  next  before  his  election. 

SEC.  4.  The  Governor  stall  hold  his  office  for  two  yeais,  and  un- 
til his  successor  shall  be  elected  and  qualified.  He  shall  no  bo 
eligible  more  than  six  years  in  any  term  of  eight. 

SEC.  5.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

SEC.  6.  He  shall  have  power  to  grant  reprieves  and  pardons,  af- 
ter conviction,  except  in  cases  of  impeachment. 

SEC.  7.  He  shall,  at  stated  times,  receive  a  compensation  for  his 
services,  which  shall  not  be  increased  or  diminished  during  the  period 
for  which  he  shall  have  been  elected. 

SEC.  8.  He  may  require  information  in  writing,  from  the  officers  in 
the  executive  department,  upon  any  subject  relating  to  the  duties  of 
their  respective  offices. 

SEC.  9.  He  may,  on  extraordinary  occasions,  convene  the  Gene- 
ral Assembly,  by  proclamation  ;  and  shall  state  to  them,  when  assem- 
bled, the  purposes  for  which  they  shall  have  been  convened  ;  but  they 
shall  enter  on  no  legislative  business,  except  that  for  which  they  were 
specially  called  together. 

SEC.  10.     He  shall  take  care  that  the  laws  be  faithfully  executed. 
SEC.  11.     He  shall,  from  time  to  time,  give  to  the  General  Assem- 
bly, information  of  the  state  of  the  government,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  expedient. 

SEC.  12.  In  case  of  the  removal  of  the  Governor  from  office,  or 
of  his  death,  or  resignation,  the  powers  and  duties  of  the  office  shall  de- 
volve on  the  Speaker  of  the  Senate  ;  and  in  case  of  the  death,  removal 
from  office,  or  resignation  of  the  Speaker  of  the  Senate,  the  powers 


398 

and  duties  of  the  office  shall  devolve  on  the  Speaker  of  the  House  of 
Representatives. 

SEC.  13.  No  member  of  Congress,  or  person  holding  any  office 
under  the  United  States, or  this  State,  shall  execute  the  office  ol  Gov- 
ernor. 

SEC.  14.  When  any  officer,  the  right  of  whose  appointment  is  by 
this  Constitution  vested  in  the  General  Assembly,  shall,  during  the  re- 
cess, die,  or  the  office,  by  the  expiration  of  the  term,  or  by  other 
means,  become  vacant,  the  Governor  shall  have  the  power  to  fill 
such  vacancy,  by  granting  a  temporary  commission,  which  shall  expire 
at  the  end  of  the  next  session  of  the  Legislature. 

SEC.  15.  There  shall  be  a  Seal  of  this  State,  which  shall  be  kept 
by  the  Governor,  and  used  by  him  officially,  and  shall  be  called  the 
Great  Seal  of  the  State  of  Tennessee. 

SEC.  16.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authority  of  the  State  of  Tennessee,  be  sealed  with  the  State 
Seal,  and  signed  by  the  Governor. 

SEC.  17.  A  Secretary  of  State  shall  be  appointed  by  joint  vote  of 
the  General  Assembly,  and  commissioned  during  the  term  of  four 
years  :  he  shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  Governor;  and  shall,  when  required,  lay  the  same,  and  all 
papers,  minutes  and  vouchers  relative  thereto,  before  the  General  As- 
iembly :  and  shall  perform  such  other  duties  as  shall  be  enjoined  by 
law. 

ARTICLE  IV. 

SECTION  1.  Every  free  white  man  of  the  age  of  twenty-one  years, 
being  a  citizen  of  the  United  States,  and  a  citizen  of  the  County 
wherein  he  may  offer  his  vote,  six  months  next  preceding  the  day  of 
election,  shall  be  entitled  to  vote  for  Members  of  the  General  Assem- 
bly, and  other  civil  officers,  for  the  County  or  District  in  which  he  re- 
sides :  provided,  that  no  person  shall  be  disqualified  from  voting  in 
any  election  on  account  of  color,  who  is  now  by  the  laws  of  this  State, 
a  competent  witness  in  a  court  of  justice  against  a  white  man.  All 
free  men  of  color,  shall  be  exempt  from  military  duty  in  time  of  peace, 
and  also  from  paying  a  free  poll  tax. 

SEC.  2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage, 
persons  who  may  be  convicted  of  infamous  crimes. 

SEC.  3.  Electors  shall  in  all  cases,  except  treason,  felony  or  breach 
of  the  peace,  be  privileged  from  arrest  or  summons,  during  their  atten- 
dance at  elections,  and  in  going  to  and  returning  from  them. 

SEC.  4.  In  all  elections  to  be  made  by  the  General  Assembly,  the 
Members  thereof  shall  vote  viva  voce ;  and  their  votes  shall  be  enter- 
ed on  the  journal.  All  other  elections  shall  be  by  ballot. 


399 


ARTICLE    V. 

SECTIOII  1 .  The  House  of  Representatives  shall  have  the  sole  pow- 
er of  impeachment. 

SEC.  2.  All  impeachments  shall  be  tried  by  the  Senate  ;  when  sit- 
ting for  that  purpose,  the  Senators  shall  be  upon  oath  or  affirmation. 
No  person  shall  be  convicted  without  the  concurrence  of  two-thirdi 
of  the  Senators  sworn  to  try  the  officer  impeached. 

Sec.  3.  The  House  of  Representatives  shall  elect,  from  their  own 
body,  three  Members,  whose  duty  it  shall  be  to  prosecute  impeach- 
ments. No  impeachment  shall  be  tried  until  the  Legislature  shall 
have  adjourned  sine  die,  when  the  Senate  shall  proceed  to  try  such 
impeachment. 

SEC.  4.  The  Governor,  Judges  of  the  Supreme  Court,  Judges  of 
Inferior  Courts,  Chancellors,  Attorneys  for  the  Sate,  and  Secretary  of 
State,  shall  be  liable  to  impeachment,  whenever  they  may,  in  the 
opinion  of  the  House  of  Representatives,  commit  any  crime  in  Iheir 
official  capacity,  which  may  require  disqualification ;  but  judgment 
shall  only  extend  to  removal  from  office,  and  disqualification  to  fill 
any  office  thereafter.  The  party  shall,  nevertheless,  be  liable  to  in- 
dictment, trial,  judgment  and  punishment,  according  to  law. 

SEC.  5.  Justices  of  the  Peace,  and  other  civil  officers,  not  herein- 
before mentioned,  for  crimes  or  misdemeanors  in  office,  shall  be  liable 
to  indictment  in  such  courts  as  the  Legislature  may  direct ;  and  upon 
conviction,  shall  be  removed  from  office,  by  said  court,  as  if  found 
gjuilty  on  impeachment ;  and  shall  be  subject  to  such  other  punishment 
as  may  be  prescribed  by  law. 

ARTICLE  VI. 

SECTION  1 .  The  Judicial  power  of  this  State,  shall  be  vested  in  one 
Supreme  Court,  in  such  Inferior  Courts  as  the  Legislature  shall  from 
time  to  time  ordain  and  establish,  and  the  Judges  thereof  and  injusti- 
ces of  the  Peace  :  The  Legislature  may  also  vest  such  jurisdiction 
as  may  be  deemed  necessary  in  Corporation  Courts. 

SEC.  2.  The  Supreme  Court  shall  be  composed  of  three  Judges,  one 
of  whom  shall  reside  in  each  of  the  grand  divisions  of  the  State  ;  the 
concurrence  of  two  of  said  Judges,  shall  in  every  case  be  necessary 
to  a  decission.  The  jurisdiction  of  this  Court  shall  be  appellate  only, 
under  such  restrictions  and  regulations  as  may  from  time  to  time  be 
prescribed  by  law  ;  but  it  may  possess  such  other  jurisdiction  as  is  now 
eonferred  by  law  on  the  present  Supreme  Court.  Said  Courts  shall 
beh-  Id  at  one  place,  and  at  one  place  only,  in  each  of  the  three  grand 
divisions  in  the  State. 

SEC.  3.  The  General  Assembly  shall,  by  joint  vote  of  both  Houses, 
appoint  Judges  of  the  several  Courts  of  law  and  equity  ;  but  courts  may 
be  established  to  be  holden  by  Justices  of  the  Peace.  Judges  of  the 


400 

Supreme  Court  shall  be  thirty-five  years  of  age,  and  shall  be  elected 
for  the  term  of  twelve  years. 

SEC.  4.  The  Judges  of  such  Inferior  Courts  as  the  Legislature  may 
establish,  shall  be  thirty  years  of  age,  and  shall  be  elected  for  the  term 
of  eight  years. 

SEC.  5.  The  Legislature  shall  elect  Attorneys  for  the  State,  by 
joint  vote  of  both  Houses,  of  the  General  Assembly,  who  shall  hold 
their  offices  for  the  term  of  six  years.  In  all  cases  where  an  Attor- 
ney for  any  district  fails  or  refuses  to  attend,  and  prosecute  according 
to  law,  the  court  shall  have  power  to  appoint  an  attorney  pro  tempore 

SEC.  6.  Judges  and  Attorneys  for  the  State,  may  be  removed  from 
office  by  a  concurrent  vote  of  both  Houses  of  the  General  Assembly, 
each  House  voting  separately  ;  but  two-thirds  of  all  the  Members 
elected  to  each  House  must  concur  in  such  vote :  the  vote  shall  be 
determined  by  ayes  and  noes,  and  the  names  of  the  Members  voting 
for  or  against  the  Judge  or  Attorney  for  the  State,  together  with  the 
cause  or  causes  of  removal,  shall  be  entered  on  the  journals  of  each 
House  respectively.  The  Jud^e  or  Attorney  for  the  State,  against 
whom  the  Legislature  may  be  about  to  proceed,  shall  receive  notice 
thereof,  accompanied  with  a  copy  of  the  causes  alleged  for  his  remov- 
al, at  least  ten  days  before  the  day  on  which  either  House  of  the  Gen- 
eral Assembly  shall  act  thereupon. 

SEC.  7.  The  Judges  of  the  Supreme  and  Inferior  Courts,  shall,  at 
stated  times,  receive  a  compensation  for  their  services,  to  be  ascertain- 
ed by  law,  which  shall  not  be  increased  or  diminished,  during  the 
time  for  which  they  are  elected.  They  shall  not  be  allowed  any  fees 
or  p  Tquisites  of  office,  nor  hold  any  other  office  of  trust  or  profit  un- 
der this  State  or  the  United  States. 

SEC.  8.  The  jurisdiction  of  such  Inferior  Courts,  as  the  Legisla- 
ture may  from  time  to  time  establish,  shall  be  regulated  by  law. 

SEC.  9.  Judges  shall  not  charge  Juries  with  respect  to  matters  of 
fact,  but  may  state  the  testimony  and  declare  the  law. 

SEC.  10.  The  Judges  or  Justices  of  such  Inferior  Courts  of  law  as 
the  Legislature  may  establish,  shall  have  power,  in  all  civil  cases,  to 
issue  writs  of  certiorari  to  remove  any  cause  or  transcript  thereof, 
from  any  inferior  jurisdiction,  into  said  court  on  sufficient  cause  sup- 
ported by  oath  or  affirmation. 

SEC.  11.  No  Judge  of  the  Supreme  or  Inferior  Courts,  shall  preside 
on  the  trial  of  any  cause,  in  the  event  of  which  he  may  be  interested 
or  where  either  of  the  parties  shall  be  connected  with  him  by  affinity 
or  consanguinity,  within  such  degrees  as  may  be  prescribed  by  law,  or 
in  which  he  may  have  been  of  counsel,  or  in  which  he  may  have  pre- 
sided in  any  Inferior  Court,  except  by  consent  of  all  the  parties.  In 
case  all  or  any  of  the  Judges  of  the  Supreme  Court,  shall  be  thus  dis- 
qualified from  presiding  on  the  trial  of  any  cause  or  causes,  the  Court, 
or  the  Judges  thereof,  shall  certify  the  same  to  the  Governor  of  the 
State,  and  he  shall  forthwith  specially  commission  the  requisite  num- 
ber of  men  of  law  knowledge,  for  the  trial  and  determination  thereof. 
In  case  of  sickness  af  any  of  the  Judges  of  the  Supreme  or  Inferior 


401 

Courts,  so  that  they  or  any  of  them  are  unable  to  attend,  the  Legisla- 
ture shall  be  authorized  to  make  provision  by  general  laws,  that  spe- 
cial Judges  may  be  appointed  to  attend  said  Courts. 

SEC.  12.  All  wiits  and  other  process  shall  run  in  the  name  of  the 
State  of  Tennessee;  and  bear  test  and  be  signed  by  the  respective 
clerks.  Indictments  shall  conclude,  "against  the  peace  and  dignity 
of  the  State." 

SEC.  13.  Judges  of  the  Supreme  Court  shall  appoint  their  Clerks, 
who  shall  hold  their  offices  for  the  period  of  six  years.  Chancellors 
(if  Courts  of  Chancery  shall  be  established)  shall  appoint  their  Clerks 
and  Masters,  who  shall  hold  their  offices  for  the  period  of  six  years. 
Clerks  of  such  Inferior  Courts  as  may  be  hereafter  established,  which 
shall  be  required  to  be  holden  in  the  respective  counties  of  this  State, 
shall  be  elected  by  the  qualified  voters  thereof,  for  the  term  of  four 
years ;  they  shall  be  removed  from  office  for  malfeasance,  incompeten- 
cy  or  neglect  of  duty,  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  14.  No  fine  shall  be  laid  on  any  citizen  of  this  State,  that  shall 
exceed  fifty  dollars  ;  unless  it  shall  be  assessed  by  a  jury  of  his  peers, 
who  shall  assess  the  fine  at  the  time  they  find  the  fact,  if  they  think 
the  fine  should  be  more  than  fifty  dollars. 

SEC.  15.  The  different  counties  in  this  State  shall  be  laid  off  as  the 
General  Assembly  may  direct,  into  districts  of  convenient  size,  so  that 
the  whole  number  in  eack  County  shall  not  be  more  than  twenty-five, 
or  four  for  every  one  hundred  square  miles.  There  shall  be  two 
Justices  of  the  Peace  and  one  Constable  elected  in  each  district,  by 
the  qualified  voters  therein,  except  districts  including  county  towns, 
which  shall  elect  three  Justices  and  two  Constables.  The  jurisdic- 
tion of  said  officers  shall  be  co-extensive  with  the  County.  Justices  of 
the  Peace  shall  be  elected  for  the  term  of  six,  and  Constables  for  the 
term  of  two  years.  Upon  the  removal  of  either  of  said  officers  from 
the  district  in  which  he  was  elected,  his  office  shall  become  vacant 
from  the  time  of  such  removal.  Justices  of  the  Peace  shall  be  com- 
missioned by  the  Governor.  The  Legislature  shall  have  power  to 
provide  for  the  appointment  of  an  additional  number  of  Justices  of  the 
Peace  in  incorporated  towns. 

ARTICLE  VII. 

SECTION  1.  There  shall  be  elected  in  each  County,  by  the  qualifi- 
ed voters  therein,  one  Sheriff,  one  Trustee,  and  one  Register ;  the 
Sheriff  and  Trustee  for  two  years,  and  the  Register  for  four  years: 
provided,  that  no  person  shall  be  eligible  to  the  office  of  Sheriff  more 
than  six  years  in  any  term  of  eight  years.  There  shall  be  elected  for 
each  County,  by  the  Justices  of  the  Peace,  one  Coroner  and  one 
Ranger,  who  shall  hold  their  offices  for  two  years.  Said  officers  shall 
be  removed  for  malfeasance,  or  neglect  of  duty,  in  such  maner  as  may 
be  prescribed  bylaw. 

SEC.  2.  Should  a  vacancy  occur,  subsequent  to  an  election,  in  the 

DD 


402 

office  of  sheriff,  trustee,  or  register,  it  shall  be  filled  by  the  justices  ;  if 
in  that  of  the  clerks  to  be  elected  by  the  people,  it  shall  be  filled  by 
the  courts;  and  the  person  so  appointed,  shall  continue  in  office  until 
his  successor  shall  be  elected  and  qualified  ;  and  such  office  shall  be 
filled  by  the  qualified  voters  at  the  first  election  for  any-of  the  county 
olHcers. 

SEC.  3.  There  shall  be  a  Treasurer  or  Treasurers  appointed  for  the 
State,  by  the  joint  vote  of  both  Houses  of  the  General  Assembly, 
who  shall  hold  his  or  their  offices  for  two  years. 

SEC.  4.  The  election  of  all  officers,  and  the  filling  of  all  vacancies 
that  may  happen,  by  death,  resignation  or  removal,  not  otherwise  di- 
rected or  provided  for  by  this  Constitution,  shall  be  made  in  such  man- 
er  as  the  Legislature  shall  direct. 

SEC.  5.  The  Legislature  shall  provide,  that  the  election  of  the 
county  and  other  officers  by  the  people,  shall  not  take  place  at  the  same 
time  that  the  general  elections  are  held  for  Members  of  Congress, 
Members  of  the  Legislature,  and  Governor.  The  elections  shall  com- 
mence and  terminate  on  the  same  day. 

ARTICLE  VIII. 

SECTION  1.  All  Militia  officers  shall  be  elected  by  persons  subject  *o 
military  duty,  within  the  bounds  of  their  several  companies,  battalions, 
regiments,  brigades  and  divisions,  under  such  rules  and  regulations  ag 
the  Legislature  may,  from  time  to  time,  direct  and  establish. 

SEC.'S.  The  Governor  shall  appoint  the  Adjutant  General  and  hia 
other  Staff  Ollicers;  the  Majors  General,  Brigadiers  General  and  com- 
manding officers  of  regiments,  shall  respectively  appoint  their  Staff 
Officer*. 

SEC.  3.  The  Legislature  shall  pass  laws,  exempting  citizens  belong- 
ing to  any  sect  or  denomination  of  religion,  the  tenets  of  which  are 
known  to  be  opposed  to  the  bearing  of  arms,  from  attending  private  and 
general  musters. 

ARTICLE  IX. 

SECTION  1.  Whereas,  Ministers  of  the  Gospel  are,  by  their  profes* 
sion,  dedicated  to  God  and  the  care  of  souls,  and  ought  not  to  be  di- 
verted from  the  great  duties  of  their  functions;  therefore,  no  Minister 
of  the  Gospel  or  Priest  of  any  denomination  whatever,  shall  be  eligi- 
ble to  a  seat  in  either  House  of  the  Legislature. 

SEC.  2.  No  person  who  denies  the  being  of  a  God,  or  a  future  state 
of  rewards  and  punishments,  shall  hold  any  office  in  the  civil  depart- 
ment of  this  State. 

SEC.  3.  Any  person  who  shall,  after  the  adoption  of  this  Constitu- 
tion, fight  a  duel,  or  knowingly  be  the  bearer  of  a  challenge  to  fight  a 
duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be  an  aider  or 
abettor  iu  fighting  a  duel,  shall  be  deprived  of  the  right  to  hold  any 


403 

office  of  honor  or  profit  in  this  State,  and  shall  be  punished  otherwise, 
in  such  manner  as  the  Legislature  may  .prescribe. 

ARTICLED. 

SECTION  1.  Every  person  who  shall  be  chosen  or  appointed  to  any 
office  of  trust  or  profit,  under  this  Constitution,  or  any  law  made  in  pur- 
suance thereof,  shall,  before  entering  on  the  duties  thereof,  take  an 
oath  to  support  the  Constitution  of  this  State,  and  of  the  United  States, 
and  an  oath  of  office. 

SEC.  2.  Each  Member  of  the  Senate  and  House  of  Representa- 
tives, shall,  before  they  proceed  to  business,  take  an  oath  or  affirmation, 
to  support  the  Constitution  of  this  State,  and  of  the  United  States,  and 

also  the  following  oath:  "I, ,  do  solemnly  swear  (or  affirm,)  that, 

as  a  Member  of  this  General  Assembly,  I  will,  in  all  appointments, 
vote  without  favor,  affection,  partiality,  or  prejudice;  and  thnt  I  will  not 
propose  or  assent  to  any  bill,  vote  or  resolution,  which  shall  appear  to 
me  injurious  to  the  people,  or  consent  to  any  act  or  thing  whatever,  hatt 
shall  have  a  tendency  to  lessen  or  abridge  their  rights  and  privileges, 
as  declared  by  the  Constitution  of  this  State. 

SEC.  3.  Any  elector  who  shall  receive  any  gift  or  reward  for  his 
vote,  in  meat,  drink,  money,  or  otherwise,  shall  suffer  such  punishment 
as  the  laws  shall  direct.  And  any  person  who  shall  directly  or  indi- 
rectly give,  promise  or  bestow,  ajiy  such  reward  to  be  elected,  shall 
thereby  be  rendered  incapable  for  six  years,  to  serve  in  the  office  for 
which  he  was  elected,  and  be  subject  to  such  further  punishment,  as 
the  Legislature  shall  direct. 

SEC.  5.  New  Counties  maybe  established  by  the  Legislature,  to 
consist  of  not  less  than  three  hundred  and  fifty  square  miles,  and  which 
shall  contain  a  population  of  four  hundred  and  fifty  qualified  voters. 
No  line  of  such  county  shall  approach  the  courthouse  of  any  old  Coun- 
ty from  which  it  may  be  taken,  nearer  than  twelve  miles.  No  part 
of  a  county  shall  be  taken  to  form  a  new  County  or  a  part  thereof, 
without  the  consent  of  a  majority  of  the  qualified  voters  iu  such 
part  taken  off.  And  in  all  cases  where  an  old  County  may  be  re- 
duced for  the  purpose  of  forming  a  new  one,  the  seat  of  justice  in  said 
old  county  shall  not  be  removed  without  the  concurrence  of  two-thirds 
of  both  branches  of  the  Legislature,  nor  shall  said  old  county  be  reduc- 
ed to  less  than  six  hundred  and  twenty-five  square  miles:  provided,  how- 
ever that  the  ^county  of  Bedford  may  be  reduced  to  four  hundred  and 
seventy-five  square  miles;  and  there  shall  not  be  laid  off  more  than  one 
new  county  on  the  West,  and  one  on  the  East,  adjoining  the  county  of 
Bedford,  and  no  new  county  line  shall  run  nearer  than  eleven  and  a  half 
miles  of  the  seat  of  justice  of  said  county.  The  line  of  a  new  county- 
may  run  within  eleven  miles  of  the  seat  of  justice  of  Franklin  county; 
provided,  it  does  not  reduce  said  county  to  less  contents  than  six  hundred 
and  twenty-five  square  miles.  The  counties  of  Carter,  Rhea,  Tipton, 
Dyer  and  Sullivan  are  excepted  out  of  the  provisions  of  this  section: 
the  county  of  Humphreys  may  be  divided,  at  such  time  as  maj  be  pre- 


404 

scribed  by  the  Legislature,  making  the  Tennessee  river  the  dividing 
line;  a  majority  of  the  qualified  voters  of  said  county  voting  in  favor  of 
said  division:  the  counties  of  Carter,  Rhea  and  Humphreys,  shall  not 
be  divided  into  more  than  two  counties  each;  nor  shall  more  than  one 
new  county  be  taken  out  of  the  territory  now  comprising  the  counties  of 
Tipton  and  Dyer;  nor  shall  the  seats  of  justice  in  the  counties  of  Pthea, 
Carter,  Tipton  and  Dyer,  be  removed,  without  the  concurrence  of  two 
thirds  of  both  branches  of  the  Legislature.  The  county  of  Sullivan, 
may  be  reduced  below  the  contents  of  six  hundred  and  twenty-five 
square  miles,  but  the  line  of  any  new  county  which  may  hereafter  be 
laid  off  shall  not  approach  the  county  seat  of  said  county  nearer  than 
ten  miles.  The  counties  of  Marion  and  Bledsoe  shall  not  be  reduced 
below  one  thousand  qualified  voters  each,  in  forming  a  new  county  or 
counties. 

SEC.  5.  The  citizens  who  may  be  iucluded  in  any  new  county, 
shall  vote  with  the  county  or  counties  from  which  they  may  have  been 
stricken  off,  for  members  of  Congress,  for  Governor  and  for  members  of 
the  General  Assembly,  until  the  next  apportionment  of  members  to 
the  General  Assembly  after  the  establishment  of  such  new  county. 

ARTICLE  XI. 

SECTION  1.  All  laws  and  ordinances  now  in  force  and  use  in  this 
State,  not  inconsistent  with  this  Constitution,  shall  continue  in  force 
and  use,  until  they  shall  expire,  be  altered  or  repealed  by  the  Legisla- 
ture. 

SEC.  2.  Nothing  contained  in  this  Constitution,  shall  impair  the  va- 
lidity of  any  debts  or  contracts,  or  effect  any  rights  of  property,  or  any 
suits,  actions,  rights  of  action,  or  other  proceedings  in  courts  of  justice* 

SEC.  3.  Any  amendment  or  amendments  to  this  Constitution  may 
be  proposed  in  the  Senate  or  House  of  Representatives;  and  if  the 
same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to 
each  of  the  two  Houses,  such  proposed  amendment  or  amendments  shall 
be  entered  on  their  journals,  with  the  yeas  and  nays  thereon,  and  re- 
jerred  to  the  General  Assembly  then  next  to  be  chosen:  and  shall  be 
published  lor  six  months  previous  to  the  time  of  making  such  choice. 
And  if  in  tne  General  Assembly  next  chosen  as  aforesaid,  such  propos- 
ed amendment  or  amendments  shall  be  agreed  to  by  two-thirds  of  all 
the  members  elected  to  each  House,  then  it  shall  be  the  duty  of  the 
General  Assembly  to  submit  such  proposed  amendment  or  amendments 
to  the  people,  in  such  manner,  and  at  such  time,  as  the  General  Assem- 
bly shall  prescribe.  And  if  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  by  a  majority  of  all  the  citizens  of  the 
State,  voting  for  Representatives,  voting  in  their  favor,  such  amend- 
ment or  amendments  shall  become  part  of  this  Constitution.  When 
any  amendments  or  amendments  to  the  Constitution  shall  be  pro- 
posed in  pursuance  of  the  foregoing  provisions,  the  same  shall  at  each 
of  the  said  sessions  be  read  three  times  on  three  several  days  in  each 


405 

House.    The  Legislature  shall  not  propose  amendments  (o  the  Constita- 
tion,  oftener  than  once  in  six  years. 

SEC.  4.  The  Legislature  shall  have  no  power  to  grant  divorces,  but 
may  authorize  the  courts  of  justice  to  grant  them  for  such  causes  a« 
may  he  specified  by  law :  provided,  that  such  laws  be  general  and  uni- 
form in  their  operation  throughout  the  State. 

SEC.  5.  The  Legislature  shall  have  no  power  to  authorize  lotteries 
for  any  purpose,  find  shall  pass  laws  to  prohibit  the  sale  of  lottery  tick- 
ets in  this  State. 

SEC.  6.  The  Legislature  shall  fix  the  rate  of  interest — and  the  rate 
so  established  shall  be  equal  and  uniform  throughout  the-  State. 

SEC.  7.  The  Legislature  shall  have  no  power  to  suspend  any  gen- 
eral law  for  the  benefit  of  any  particular  individual,  nor  to  pass  any 
law  for  the  benefits  of  individuals  inconsistent  with  the  general  laws  of 
the  land;  nor  to  pass  any  law  granting  to  any  individual  or  individuals, 
rights,  privileges,  immunities,  or  exemptions,  other  than  such  as  may  be, 
by  the  same  law,  extended  to  any  member  of  the  community,  who  may 
be  able  to  bring  himself  within  the  provisions  of  such  law:  provided  al- 
"ways,  the  Legislature  shall  have  power  to  grant  such  charters  of  corpo- 
ration as  they  may  deem  expedient  for  the  public  good. 

SEC.  8.  The  Legislature  shall  have  the  right  to  vest  such  powers  in 
the  courts  of  justice,  with  regard  to  private  and  local  affairs,  as  may  b« 
deemed  expedient. 

SEC.  9.  A  well  regulated  system  of  internal  improvement  is  calcu- 
lated to  devclope  the  resources  of  the  State,  and  promote  the  happiness 
and  prosperity  of  her  citizens;  therefore  it  ought  to  be  encouraged  by 
the  General  Assembly. 

SEC.  10.  Knowledge,  learning,  and  virtue,  being  essential  to  the 
preservation  of  republican  institutions,  and  the  diffusion  of  the  oppoi*- 
tunities  and  advantages  of  education  throughout  the  different  portions 
of  the  State,  being  highly  conducive  to  the  promotion  of  this  end;  it 
sliall  be  the  duty  of  the  General  Assembly  in  all  future  periods  of  this 
government,  to  cherish  literature  and  science.  And  the  fund  called  the 
common  school  fund,  and  all  the  lands  and  proceeds  thereof,  dividends, 
stocks,  and  other  property  of  every  description  whatever,  heretofore  by 
law  appropriated  by  the  General  Assembly  of  this  State  for  the  use  of 
common  schools,  and  all  such  as  shall  hereafter  be  appropriated,  shall 
remain  a  perpetual  fund,  the  principal  of  which  shall  never  be  dimin- 
ished by  legislative  appropriation,  and  the  interest  thereof  shall  be  ink 
violably  appropriated  to  the  support  and  encouragement  of  common 
schools  throughout  the  State,  and  for  the  equal  benefit  of  all  the  people 
thereof;  and  no  law  shall  be  made  authorizing  said  fund,  or  any  part 
thereof,  to  be  diverted*  to  any  other  uce  than  the  support  and  encour- 
agement of  common  schools:  and  it  shall  be  the  duty  of  the  General 
Assembly,  to  appoint  a  Board  of  Commissioners,  for  such  term  of  time  as 
they  may  think  proper,  who  shall  have  the  general  superintendence  of 
said  fund,  and  who  shall  make  a  report  of  the  condition  of  the  same, 
from  time  to  time,  under  such  rules,  regulations  and  restrictions  as  may 


406 

be  required  by  law;  provided^  that  if  at  any  time  hereafter  a  division  of 
the  public  lands  of  the  United  States,  or  of  the  money  arising  from  the 
sales  of  such  lands,  shall  be  made  among  the  individnal  States,  the  part 
of  such  lands,  or  money,  coming  to  this  State,  shall  be  devoted  to  the 
purposes  of  education  and  internal  improvement;  and  shall  never  be 
applied  to  any  other  purpose. 

SEC.  11.  The  above  provisions  shall  not  be  Construed  to  prevent 
the  Legislature  from  carrying  into  effect  any  laws  that  have  been  passed 
in  favor  of  the  colleges,  universities  or  academies,  or  from  authorizing 
heirs  or  distributees  to  receive  and  enjoy  escheated  property,  under  such 
rules  and  regulations  as  from  time  to  time  may  be  prescribed  by  law. 

SEC.  1'2.  The  Declaration  of  Rights  hereto  prefixed,  is  declared  tt> 
be  u  part  of  the  Constitution  of  this  State,  and  shall  never  be  violated 
on  any  pretence  whatever.  And  to  guard  against  transgression  of  the 
high  powers  we  have  delegated,  we  declare  every  thing  in  the  Bill  of 
Rights  contained,  is  excepted  out  of  the  general  powers  of  government, 
and  shall  forever  remain  inviolate. 

SCHEDULE. 

SECTION  1.  That  no  inconvenience  may  arise  from  a  change  of  the 
Constitution,  it  is  declared,  that  all  officers,  civil  and  military,  shall  con- 
tinue to  hold  their  offices;  and  all  the  functions  appertaining  to  the 
same  shall  be  exercised  and  performed  according  to  the  existing  laws 
and  Constitution,  until  the  end  of  the  first  session  of  the  General  As- 
sembly, which  shall  sit  under  this  Constitution,  and  until  the  govern- 
ment can  be  re-organized  and  put  into  operation  under  this  Constitu- 
tion, in  such  manner  as  the  first  General  Assembly  aforesaid  shall  pre- 
scribe, and  no  longer. 

SEC.  2.  The  General  Assembly  which  shall  sit  after  the  first  ap- 
pionment  of  representation  under  the  New  Constitution,  to  wit:  in  the 
year  one  thousand  eight  hundred  and  forty-three,  shall,  within  the  first 
week  after  the  commencement  of  the  session,  designate  and  fix  the  seat 
of  Government;  and  when  so  fixed,  it  shall  not  be  removed,  except  by 
the  consent  of  two-thirds  of  the  Members  of  both  Houses  of  the  Gen- 
eral Assembly.  The  first  and  second  sessions  of  the  General  Assembly 
under  this  Constitution  shall  be  held  in  Nashville. 

SEC.  3.  Until  a  land  office  shall  be  opened,  so  as  to  enable  the  citi- 
zens south  and  west  of  the  congressional  reservation  line,  to  obtain  titles 
Upon  theirclaims  of  occupancy,  those  who  hold  lands  by  virtue  of  such 
claims,  shall  be  eligible  to  serve  in  all  capacities  where  a  freehold  is,  by 
the  laws  of  the  State,  made  a  requisite  qualification. 


407 


Done  in  Convention  at  Naslivi lie.  this  thirtieth  day  of  August,  one  thou- 
sand eight  hundred  and  thirty-four,  and  of  the  Independence  of  the 
United  States  of  America  the  fifty-ninth, 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names. 


WILLIAM  S.    CARTER,  President. 


Robert  Allen, 
Hugh  C.  Armstrong, 
Adam  R.  Alexander, 
Richard  Bradshaiv, 
Robert  M.  Burton, 
Willie  Blount, 
Maclin  Cross. 
James  Gray, 
Newton  Cannon, 
William  G.  Childress, 
Terry  H.   Cahal, 
Robert  L.  Cobbs, 
Richard  Cheatham, 
Burchett  Douglass, 
Francis  B.  Fogg, 
Gray  Garrett, 
James  Gillespy, 
Boiling  Gordon, 
Callaway  Hodges, 
Isaac  Hill, 
Adam  Huntsman, 
West  H.  Humphreys, 
Nelson  L  Hess, 
John  Kelly, 

Andrew  A.  Kincannon, 
Joseph  Kincaid, 
Peter  Kendall, 
Bradley  Kimbrough, 


William  Ledbetter, 
William  H.  Loving, 
Abraham  Me  Clellan, 
Robert  J.  McKinney, 
Joseph  A.  Mabry, 
John  McGaughey, 
John  Montgomery, 
George  W.  L.  Marr, 
John  Neil, 
Richard  Nelson, 
Thomas  C.  Porter, 
John  Purdy, 
William  C.  Roadman, 
George  W.  Richardson, 
Henry  Ridley, 
Julius  C,  N.  Robertson, 
Matthew  Stephenson, 
William  T.  Senter, 
James  W.  Smith, 
William  C.  Smarit, 
Henry  Sharp, 
James  Scott, 
Ennis  Ury, 
John  Whitson, 
Isaac  Walton, 
John  J.  White, 
Jonathan  Webster, 
Robert  Wcakley. 


WILLIAM  K.  KILL,  Secretary. 

ORDINANCE. 

I.  Ordered.  That  it  shall  be  the  duty  of  the  several  officers  of  this 
State,  authorized  by  law  to  hold  elections  for  Members  of  the  General 
Assembly,  to  open  and  hold  an  election,  at  the  places  of  holding~elee- 
lions  for  members  the  General  Assembly  in  their  respective  counties,  on 
the  first  Thursday  and  Friday  in  March  next,  for  the  purpose  of  receiv- 
ing the  votes  of  such  qualified  voters  as  may  desire  to  vote  for  the  adop- 
tion or  rejection  of  this  amended  Constitution:  provided,  that  no  person 
shall  be  deemed  a  qualified  voter  in  &aid  election,  except  such  as  arc  in- 


408 

eluded  within  the  provisions  of  the  first  section  of  the  fourth  article  of 
this  amended  Constitution. 

IL  Ordered,  That  it  shall  be  the  duty  of  said  returning  officers  in  each 
county  in  this  State,  to  prepare  poll  books,  which  shall  be  opened  on  said 
days  of  election,  and  in  which  shall  be  enrolled  the  name  of  each  voter 
by  the  assistance  of  clerks,  who  shall  be  appointed  and  sworn  as  clerks 
in  other  elections.     Said  officers  shall  prepare  a  ballot  box  in  which  shall 
be  placed  the  ticket  of  each  voter.     Each  ticket  shall  have  written  there- 
on the  words  "I  ratify  the  amended  Constitution:"  or  if  the  voter  is   op- 
posed to  it:  "I  reject  the  amended  Constitution,"  or  the  words  "Ratifica- 
tion" or  "Rejection,"  or  some  such  words  as  will  distinctly  convey  the 
intention  of  the  voter.     The  justices  of  the  several  county  courts  in  this 
State,  at  some  term  previous  to  the  day  of  said  election,  shall  appoint 
three  inspectors  for  each  precinct;   and  in  case  of  failure  of  the  courts 
to  appoint  inspectors,  then  said  returning  officers  shall  appoint  them. 
It  shall  be  the  duty  of  said  returning  officers,  in  presence  of  the  said  in- 
spectors, to  count  the  votes  given  for  the  ratification  or  rejection  of  the  Con- 
stitution, of  which  they  shall  keep  a  true  and  correct  estimate  in  said  poll 
book.     Said  returning  officer  shall  deposite  the  original  poll  books  of 
said  election  with  the  clerk  of  the  County  Court  in  their  respective  coun- 
ties, and  shall  within  five  days  after  said  election,  make  out  duplicate 
statements  of  the  number  of  votes  in  their  respective  counties  for  ratify- 
ing and  rejecting  the  Constitution;  and  shall  forward  by  mail  one  of 
said  certificates  to  the  Governor,  one  to  the  Secretary  of  State,  and 
shall  likewise  deposit  one   with  the  clerk  of  the   county  court.     It 
shall  be  the  duty  of  said  several  clerks,  carefully  to  examine  the  said 
poll  books,  and  forthwith  to  certify  to  the  Secretary  of  State,  a  full, 
true  and  perfect  statement  of  the  number  of  votes  taken  for  and  against 
the  Constitution,  as  appears  from  the  poll  books,  filed  in  their  office. 
Should  said  returning  officers,  or  any  of  them,  fail  to  make  returns,  in 
due  time  as  above  directed,  the  Secretary  of  State  shall  then  be  au- 
thorized to  dispatch  a  special  messenger  for  the  purpose  of  obtaining 
a  certified  copy  of  the  result  of  said  elections. 

III.  Ordered,  That  upon  the  receipt  of  the  said  returns,  it  shall  be 
the  duty  of  the  Governor,  Secretary  of  State  and  any  one  of  the 
Judges  of  the  supreme  court,  or  any  two  of  the  said  named  officers,  to 
compare  the  votes  given  in  said  election  for  the  ratification  and  rejec- 
tion of  the  amended  constitution ;  and  if  it  shall  appear  from  said  re- 
turns, that  a  majority  of  all  the  votes  given  in  said  election,  is  for  rat- 
ifying the  amended  Constitution,  then  it  shall  be  the  duty  of  the  Gov- 
ernor forthwith  to  make  proclamation  of  that  fact,  and  thenceforth  this 
amended  Constitution  shall  be  ordained  and  established  as  the  Con- 
stitution of  the  State  of  Tennessee.  It  shall  moreover  be  the  duty  of 
the  Governor,  in  and  by  said  proclamation,  to  command  the  sheriffs  and 
o.ther  officers  directed  by  law  to  hold  and  superintend  elections,  to 
open  the  polls  of  elections  at  the  places  of  holding  elections,  for  Mem- 
bers of  the  General  Assembly  in  their  respective  counties,  on  the  first 
Thursday  in  August  one  thousand  eight  hundred  and  thirty-five,  for 


409 

the  purpose  of  electing;  a  Governor,  and  for  the  election  of  Senators 
and  Representatives  to  the  General  Assembly  of  this  State,  from  the 
several  districts  and  counties  as  mentioned  and  described  in  this  ordi- 
nance, at  which  time  and  places  elections  shall  also  be  held  for  Members 
of  Congress  ;  and  said  officers  shall  make  returns  of  said  elections  un- 
der the  same  rules  and  regulations  as  are  now  required  by  the  exist- 
ing laws.  And  it  shall  be  the  duty  of  the  Secretary  of  State  to  record 
the  returns  made  from  each  county  or  district,  and  the  result  of  said 
election  in  a  bound  book  to  be  preserved  in  his  office. 

IV.  Be  it  further  Ordered,  That  if  any  sheriff  or  other  acting  of- 
ficer, shall  fail,  within  the  time  prescribed  by  this  ordinance,  to  dis- 
diarge  any  of  the  duties  heieby  required,  such  sheriff  or  other  re- 
turning officer  so  failing  as  aforesaid,  shall  forfeit  and  pay  the  sum  of 
five  thousand  dollars,  to  be  recovered  by  action  of  debt  in  any  of  the 
courts  of  record  in  this  State  ;  to  be  sued  for  in  the  name  of  the  Gov- 
ernor, for  the  use  and  benefit  of  common  schools. 

Sec.  5.  Be  it  further  Ordered,  That  until  the  first  enumeration  and 
apportionment  of  representation  in  one  thousand  eight  hundred  and 
forty-one,  as  directed  by  the  amended  Constitution,  the  following  dis- 
tricts shall  be  formed,  each  of  which  shall  elect  one  Senator,  and  the 
polls  of  election  shall  be  compared  at  the  several  places  herein  mentiorv- 
ed,  on  the  first  Monday  succeeding  the  day  of  election  ;  to  wit : 

The  counties  of  Carter,  Sullivan  and  Washington,  shall  form  one  dis- 
trict :  and  the  polls  shrill  be  compared  in  the  town  of  Jonesborough  : 

The  counties  of  Greene  and  Hawkins,  shall  compose  one   district ; 
and  the  polls  shall  be  compared  in  the  town  of  Greenville. 
•    The  counties  of  Cocke,  Sevier,  Jefferson  and  Blount,  shall  form  one 
district ;  and  the  polls  shall  be  compared  in  the  town  of  Sevierville. 

The  counties  of  Grainger,  Claiborne,  Campbell,  Anderson  and  Mor- 
gan, shall  compose  one  district;  and  the  polls  shall  be  compared  at  the 
house  of  Robert  Glenn  Esq.,  in  Campbell  county. 

The  counties  of  Knox  and  Roane,  shall  form  one  district ;  and  the 
polls  shall  be  compared  at  Campbell's  Station. 

The  counties  of  Monroe  and  M'Minn  shall  compose  one  district ;  and 
the  polls  shall  be  compared  in  the  town  of  Athens. 

The  counties  of  Rhea,  Bledsoe,  Marion  and  Hamilton,  shall  compose 
one  District ;  and  the  polls  shall  be  compared  at  the  town  of  Dallas. 

The  counties  of  Warren  and  Franklin,  shall  compose  one  district ; 
and  the  polls  shall  be  compared  at  Hillsborough. 

The  counties  of  Overton,  Jackson,  Fentress  and  White,  shall  com- 
pose one  district;  and  the  polls  shall  be  compared  at  Livingston. 

The  counties  of  Lincoln  and  Giles,  shall  compose  one  district;  and 
the  polls  shall  be  compared  at  the  house  of  John  Kennedy. 

The  counties  of  Smith  and  Sumner  shall  compose  one  district;  and 
the  polls  shall  be  compared  at  Hartsville. 

The  county  of  Bedford,  shall  compose  one  district;  and  the  polls  shall 
be  compared  at  Shelbyville. 

The  county  of  Maury,  shall  compose  one  district;  and  the  polls  shall 
be  compared  in  Columbia. 


410 

The  county  of  Rutherford,  shall  compose  one  district;  and  the  polls 
rhall  be  compared  at  Murfreesborough. 

The  county  of  Davidson,  shall  compose  one  district;  and  the  polls 
shall  be  compared  in  the  city  of  Nashville. 

The  county  of  Williamson,  shall  compose  one  district;  and  the  polls 
ghall  be  compared  in  the  town  of  Franklin. 

The  counties  of  Lawrence,  Wayne  and  Hickman,  shall  compose  one 
district;  and  the  polls  shall  be  compared  at  Catron  and  Napier's  Fur- 
nace. 

The  counties  of  Dickson,  Stewart  and  Humphreys  shall  compose  one 
district;  and  the  polls  shall  be  compared  at  Simmons'  Old  Place  on 
Yellow  ci^ck. 

The  counties  of  Robertson  and  Montgomery  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  at  Port  Royal. 

The  county  of  Wilson,  shall  compose  one  one  district;  and  the  polls 
shall  be  compared  in  Lebanon. 

The  counties  of  Hardeman,  Fayette  and  Shelby,  shall  compose  one 
district;  and  the  polls  shall  be  compared  in  Sommerville. 

The  counties  of  Madison,  Hay  wood  and  Tipton,  shall  compose  one 
district;  and  the  polls  shall  be  compared  in  Brownsville. 

The  counties  of  Carroll,  Gibson  and  Dyer,  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  in  Trenton. 

The  counties  of  Henry,  Wenkicy  and  Obion  shall  compose  one  dis- 
trict; and  the  polls  shall  be  compared  in  Dresden. 

The  counties  of  Henderson,  Perry,  McNairy  and  Hardin,  shall  com- 
pose orfe  district;  and  the  polls  shall  be  compared  at  the  house  of  James 
Wright,  in  Hardin  county. 

And  until  said  enumeration  and  apportionment  of  one  thousand  eight- 
hundred  and  forty  one,  the  counties  of  Carter,  Sullivan,  Washington, 
Greene,  Hawkins,  Cocke,  Sevier,  Jefferson,  Blount,  Grainger,  Clai- 
borne,  Knox,  Roane,  Monroe,  McMinn,  Rhea  and  Bledsoe,  shall  each 
elect  one  representative;  and  the  polls  shall  be  compared  at  their  res- 
pective court  houses. 

The  counties  of  Sullivan  and  Hawkins  shall  jointly  elect  one  repre- 
sentative; and  shall  compare  the  polls  at  Kingsport. 

The  counties  of  Greene  and  Washington,  shall  jointly  elect  one  rep- 
resentative; and  the  polls  shall  be  compared  at  the  house  of  Joshua 
Royston  Esq. 

The  counties  of  Knox  and  Roane,  shall  jointly  elect  one  representa- 
tive; and  the  polls  shall  be  compared  at  Campbell's  Station. 

The  counties  of  Monroe  and  McMinn,  shall  jointly  elect  one  repre- 
sentative; and  the  polls  shall  be  compared  at  Athens. 

The  counties  of  Campbell,  Anderson  and  Morgan,  shall  jointly  elect 
two  representatives;  and  the  the  polls  shall  be  compared  at  the  house 
of  James  Ross  Esq.  in  Anderson  county. 

The  counties  of  Marion  and  Hamilton,  shall  jointly  elect  one  repre- 
sentative; and  the  polls  shall  be  compared  at  Dallas. 

The  counties   of  Warren,  Franklin,  Bedford,  Lincoln,  Giles,  Maury, 


411 

Rutherford,  Williamson,  Davidson,  Wilson,  Smith  and  Sumncr,  shall 
each  elect  two  representatives;  and  the  polls  shall  be  compared  at  their 
respective  court  houses. 

The  counties  of  Lawrence,  Wayne,  Hickman.  Dickson  Humphreys, 
Montgomery,  Stewart.  Robertson,  Overton,  Jackson,  Fentress,  White, 
Hardin,  McNairy,  Hardeman,  Fayette,  Shelby,  Perry,  Henderson,  Mad- 
ison, Haywood,  Tipton,  Carroll,  Gibson,  Henry  and  Weakley,  shall 
each  elect  one  representative;  and  the  polls  shall  be  compared  at  their 
respective  court  houses. 

The  counties  of  Obion  and  Dyer,  shall  jointly  elect  one  representa- 
tive; and  the  polls  shall  be  compared  at  the  house  of  William  Terrell 
Esq.  in  Dyer  county. 

The  returns  of  the  elections  for  Representatives,  shall  be  made  at 
tbe  several  places  herein  pointed  out,  on  the  first  Saturday  succeeding 
the  day  of  election. 

WILLIAM  B.  CARTER,  President. 
Attest. 

WILLIAM  K.  HILL,  Secretary. 

Mr.  WHITE  submitted  the  following  ;  to  wit : 

"Resolved,  That  the  thanks  of  this  Convention  be  given  to  the  Hon. 
William  B.  Carter,  for  the  impartiality,  courtesy  and  ability  with  which 
he  has  discharged  his  various  and  important  duties  as  presiding  officer 
of  this  body." 

Which  was  unanimously  adopted. 

Thereupon  the  President  rose  and  addressed  the  Convention  as  fol- 
lows : 

I  accept,  gentlemen,  with  sentiments  of  unfeigned  humility,  the  com- 
pliments so  condescendingly  bestowed  upon  me  by  the  resolution  you 
have  just  adopted. 

My  gratification  would  be  greatly  heightened,  could  I  flatter  myself 
that  the  humble  services  it  has  been  my  duty  to  administer,  entitled  me 
to  so  much  consideration  :  to  your  politeness  and  partiality,  more  than 
any  merit  of  mine,  I  attribute  thefavor,  dictated,  as  I  am  bound  to  ac- 
knowledge, by  the  spirit  of  friendship,  it  is  in  the  same  spirit  receiv- 
ed by  me,  and  shall  ever  be  cherished  with  recollections  of  fervent 
gratification  and  respect. 

Gentlemen  :  We  shall  presently  adjourn  the  deliberations  of  the  most 
important  assembly  that  has  convened  in  this  State  for  near  half  a  cen- 
tury past.  How  far  the  result  of  your  labors  may  prove  acceptable  to 
our  constituents,  and  promotive  of  the  great  principles  of  civil  liberty, 
remains  in  some  degree  to  be  tested  .  If  singleness  of  purpose,  and  a 
zealous  and  patriotic  devotion  to  the  weighty  and  imposing  service 
that  brought  us  together,  can  insure  the  approbation  of  one,  and  the 
establishment  of  the  other,  you  will  find  ample  recompense  for  the 
toils  all  the  and  anxieties  to  which  you  have  necessarily  been  subjected. 
Fortified  with  the  hopeful  reflection,  you  have  abundant  reason  to  look 
to  the  future  with  unshaken  assurance  of  tranquillity.  But  should  it 


412 

be  the  will  of  the  high  tribunal,  to  whose  unappealable  decree  you 
have  wisely  determined  to  submit  the  renewed  charter  of  constitutional 
law,  to  reject  its  provisions,  the  decision  which  annuls  your  labors  and  re- 
verses your  judgment,  will  carry  with  it  no  rebukes  againstthe  motives 
that  have  guided  and  governed  you  in  its  formation  and  adoption.  A  gen- 
erous public  (and  such  we  may  justly  call  that  people  whose  servants 
we  are )  will  not  too  severely  censure  and  condemn  errors  and  misap- 
prehensions, which  do  not  proceed  from  corruption  or  inexcusable  ig- 
norance. Let  us,  then,  gentlemen,  with  conscious  integrity,  await  the 
coming  verdict  of  our  fellow-citizens,  fully  satisfied,  that  having  the 
intelligence  to  judge  for  themselves,  without  a  motive  to  err,  they  will 
not  be  likely  to  determine  with  inconsiderate  rashness,  on  a  subject  of 
such  exclusive  importance  to  their  future  political  welfare. 

Gentlemen  of  the  Convention  :  Invited  by  your  partialities  to  fill 
the  Chair  and  rule  your  deliberations,  I  have  never  failed  to  bear  ha 
mind,  the  great  delicacy  of  my  task,  and  my  inadequacy  to  the  duties 
required  at  my  hands.  On  your  politeness  and  forbearance  I  hava 
continued  to  rely,  and  to  that  kind  source,  feel  that  I  am  indebted  for 
the  little  success  which  in  your  estimation,  has  crowned  my  exertions. 

For  so  much  unmerited  goodness,  I  am  not  able  sufficiently  to  ex- 
press my  thanks.  Suffer  me  in  return,  to  wish  you  individually  a 
speedy  and  happy  journey  to  the  embraces  of  your  families  and  the 
smiles  and  approbation  of  your  constituents ;  and  there  in  the  rich 
banquet  of  feeling,  forgetting  the  cares  and  the  perplexities  through 
which  you  have  toiled  here,  I  trust  you  may  live  long  in  the  enjoy- 
ments of  the  precious  immunities  secured  by  that  Constitution,  which 
it  will  be  your  proud  distinction  to  have  signed. 

Mr  BLOUNT  then  submitted  the  following  : 

"Resolved,  That  the  thanks  of  this  Convention  are  hereby  presented 
to  WM.  K.  HILL,  the  Secretary  to  this  body,  for  the  correct,  neat  and 
elegant  manner  he  has  engrossed  the  amended  Constitution  of  this 
State  on  parchment  as  to  be  enrolled,  agreeably  to  the  order  of  this 
Convention." 

Which  was  read  and  unanimously  adopted. 

Mr  FOGG  submitted  the  following  : 

^Resolved,  That  the  Secretary  of  State  be  requested  to  superintend 
the  printing  of  the  Constitution  and  the  ordinances  and  to  have  tire 
same  distributed  as  has  before  been  ordered." 

Which  was  read  and  adopted. 

The  report  of  the  Committee  on  Finance  was  presented  by  Mr 
DOUGLASS  of  said  Committee,  in  the  following  words ;  to  wit  : 

The  Committee  of  Finauce,  who  were  charged  to  inquire  into  and 
audit  the  expenses  of  the  Convention,  beg  leave  to  make  the  following 


413 


REPORT. 

DR.  THE  STATE  OF  TENNESSEE, 

IN  ACCOUNT  CURRENT  AS  FOLLOWS: 

For  sundry  expenses  incurred  by  the  Convention  assembled  at  Nashville  on  tfa 
nineteenth  of  .May,  one  thousand  eight  hundred  and  thirty-four,  for  the  pur- 
pose of  revising,  amending  or  forming  anew  the  Constitution  of  said  State. 


NAMES  OF  MEMBERS,  $c. 

No.  of 
Mili-d. 

\ui't  milage. 
$     c. 

No.  of 
Days. 

Amt  of  per 
liem.  $    c 

Aggregate. 
9     c. 

Carter,  William  B.  (President) 

640 

102  40 

104 

520  00 

Ditto,        Postages, 

1  56 

623  96 

Allen,  Robert      .... 

100 

16  00 

104 

416  00 

432  00 

Armstrong,  Hugh  C.      .     . 

228 

36  48 

104 

416  00 

452  48 

Alexander,  Adam  R.     .     . 

460 

73  60 

104 

416  00 

489  60 

Bradshavv,  Richard  .     •     . 

460 

73  60 

104 

416  00 

489  60 

Burton,  Robert  M.    .     .     . 

60 

9  60 

104 

416  00 

425  60 

Blount  Willie      .... 

70 

11  20 

104 

416  00 

427  20 

Cannon,  Newton  .... 

52 

8  32 

104 

416  00 

484  32 

Chilclress.  William  G.  .     . 

24 

3  84 

104 

416  00 

419  84 

Cabal,  Terry  II  

82 

13  12 

104 

416  00 

429  12 

Cobbs,  Robert  L.     ... 

82 

13  12 

104 

416  00 

429  12 

Cheatham,  Richard  .     .     . 

50 

8  00 

1  104 

416  00 

424  00 

Cross,  Maclin,      .... 

286 

45  76 

104 

416  00 

461  76 

Douglass,  Burchett  .     .     . 

66 

10  56 

1  104 

416  00 

426  56 

Fulton,  James      .... 

150 

24  00 

104 

416  00 

440  00 

Fogg,  Francis  B.      .     .     . 

104 

416  00 

416  00 

Garrett,  Gray      .... 

470 

75  20 

104 

416  00 

491  20 

Gillespie,  James  .... 

400 

64  00 

104 

416  00 

480  00 

Green,  James  I  

320 

51  20 

104 

416  00 

467  20 

180 

28  80 

104 

416  00 

444  80 

Gordon,  Boiling,  .... 

100 

16  00 

104 

416  00 

432  00 

Hodges,  Callaway,    .     .     . 

438 

70  08 

104 

416  00 

486  08 

168 

26  88 

104 

416  00 

442  88 

Huntsman,  Adam      .     .     . 

300 

48  00 

104 

416  00 

464  00 

Humphreys,  West  II.    .     . 

376 

60  16 

104 

416  00 

476  16 

Hess,  Nelson  I  

270 

43  20 

104 

416  00 

459  20 

Kelly,  John     

224 

35  84 

104 

416  00 

451  84 

Kincannon,  Andrew  A. 

150 

24  00 

104 

416  00 

440  00 

Kincaid,  Joseph  -    -    -    - 

110 

17  60 

104 

416  00 

433  CO 

Kendall,  Peter     -    -    -     - 

200 

32  00 

104 

416  00 

448  00 

Kimbrough,  Bradley     -    - 

300 

57  60 

104 

416  00 

473  60 

Ledbetter,  William  -    -    - 

70 

11  20 

104 

410  00 

427  20 

Loving,  William  H.     -    - 

354 

56  64 

104 

416  00 

472  Gl 

McCiellan,  Abraham    -    - 

620 

99  20 

104 

416  00 

515  20 

McKinney,  Robert  J.    -    - 

550 

88  00 

104 

416  00 

504  00 

McKinney,  John  A.  -    -    - 

528 

84  48 

104 

416  00 

500  48 

414 


NAMES  OF  MEMBERS,  #c. 

No  of 
miles. 

Amtof 
milage. 

No.  of  j  Amtof  per  11      Aggregate- 
days-       diem  Jjjj  c.      11         fjji    c. 

Mabry,  Joseph  A.    -    -    - 

350 

56  00 

104 

416  00 

47200 

McGaughey,  John    -    -    - 

554 

88  64 

104 

416  00 

504  64 

Montgomery,  John  -    -    - 

74 

11  84 

104 

416  00 

427  84 

Marr.  George  W.  L.     -    - 

320 

51  20 

104 

416  00 

467  20 

350 

56  00 

104 

416  90 

472  00 

Nelson,  Richard  -    ... 

170 

27  20 

101 

416  00 

443  20 

Porter,  Thomas  C.    -    -    - 

144 

23  04 

104 

416  00 

439  04 

Purely,  John    -     -     -     -    • 

280 

44  80 

104 

416  00 

460  80 

Roadman,  William  C.  -    - 

500 

80  00 

104 

416  00 

496  00 

Richardson  George  W. 

140 

22  40 

104 

416  00 

438  40 

Ridley,  Henry      -    -    -    - 

40 

6  40 

104 

416  00 

422  40 

Robertson,  J.  C.  N.  -    -    - 

360 

57  60 

104 

416  00 

473  60 

Stephenson,  Matthew,  -    - 

590 

94  40 

104 

416  00 

510  40 

Sentcr,  William  T.   -    -    - 

330 

52  80 

104 

416  00 

468  89 

Smith,  James  W.      -    -    - 

130 

20  80 

104 

416  00 

436  80 

Smartt,  William  C.  -    -    - 

140 

22  40 

104 

416  00 

438  40 

Sharp,  Henry  -    -    -    -    - 

150 

24  00 

104 

416  00 

440  00 

Scott,  James    -    -    -    -    - 

248 

39  68 

104 

416  00 

455  68 

Ul*ir       I-.1  »->  r>  1  a 

210 

33  60 

104 

416  00 

449  60 

Whitson,  John     -    -    -    - 

400 

64  00 

104 

416  00 

480  00 

Walton,  Isaac      -    -    -    - 

26 

4  16 

104 

416  00 

420  16 

White,  John  J.     -    -    -    - 

50 

8  00 

104 

416  00 

424  00 

Webster,  Jonathan  -     -    - 

110 

17  60 

104 

416  00 

433  60 

Weakley,  Robert     -    -    - 

1 

104 

416  00 

416  00 

27471  80 


OFFICERS. 

Hill,  William  K.,  Secretary,  104  days  at  $6 
Morrow,  William  I.  L,  Assistant  do.  103  days  a 
McDowell,  James,  Doorkeeper,       104    "     at  |4 
Robertson,  Alfred  C.,  Assistant  do.    104    «     at  $4 

James  Brittain,  Clerk  Hire, 

Samuel  H.  Laughlin,  do.  --------- 

W.  Hasell  Hunt,        do 

William  K.  Hill,  for  completing  the  journals  and  su- 
perintending printing, 


624 

618 

416 

416 

275 

60 

60 


00 
00 
00 
00 
00 
00 
00 


Laughlin  &  Henderson,  for  Job  Printing,    .     . 

Allen  A.  Hall,  for  rule  work  in  May,     .     .         3  50 

Do.        for  Republican,  60  copies,    .    90  00 

W.  Hasell  Hunt  &  Co.,  60  copies  Banner  &  Whig, 


120  00 
1934  43 


2589  00 


93 


50 

00 


C.  C.  Norvell,  for  stationery, 16350 

Catherine  Robertson,    do 155  77 

James  Robinson,  for  sundries,  ink  stands,  &c.    .    •      31  51 


3147  93 


350  78 


415 

Mrs.  Baker, 50  00 

E.  Saul,  for  engrossing  Lafayette  resolutions,      .     .       11  00 
One  tin  case  for  do 1  00 

62  00 

John  McDowell,  for  4  spit-boxes, 1  00 

S.  Sutton  &  Sewell,  for  ice, 3000 

Louis,  (colored  man)  hauling  165  barrels  water,      .       20  00 
Ditto,  sweeping  and  bringing  water,  &c.     .     .      3000 

81  00 

John  Austin,  cleaning  house,  &c.  for  reception,     .         30  50 
Robert  I.  Moore,  carpeting,     .     • 29  06 

James  McDowell, removing  furniture,  &c.  after  ad- 
journment         10  00 

69  56 

$32,772  07 

Thirty-two  thousand,  seven  hundred  and  seventy-two  dollars  and  seven 
cents. 
All  of  which  is  respectfully  submitted 

BURCHETT  DOUGLASS, 

Chairman  of  the  Committee  of  Finance* 

On  motion  of  Mr  BURTON, 

Ordered,  That  the  Ordinance  adopted  by  the  Convention  be  pub- 
lished and  appended  to  the  Amended  Constitution ;  and  that  it  be 
signed  by  the  President  and  countersigned  by  the  Secretary  of  this 
Convention. 

Mr  CAHAL  moved  that  the  session  of  the  Convention  be  closed  by 
prayer;  which  motion  prevailing,  a  fervent  and  appropriate  prayer  was 
offered  to  the  throne  of  grace,  by  the  Reverend  Mr  HESS  of  the  Cum- 
berland Presbyterian  Church. 

And  thereupon  the  Convention,  on  motion  of  Mr  ALLEN, 
Adjourned  without  day. 

WILLIAM  B.  CARTER,  President. 
Attest: 

WILLIAM  K.  HILL,  Secretary. 


%     I 


36 1 76 


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